Legal Question in Criminal Law in Mississippi
Does Mississippi law require officers to have lights on their vehicles (i.e blue lights, headlights, or fog lights) at a roadblock?
1 Answer from Attorneys
NO BUT THE FAILURE TO HAVE BLUE LIGHTS, A SIGN DESIGNATING "SOBRIETY CHECK POINT AHEAD" AND OTHER THINGS MAY RENDER THE ROADBLOCK INVALID. THE POLICE ARE REQUIRED TO HAVE A WRITTEN PLAN TO CONDUCT A ROADBLOCK WHICH PLAN HAS BEEN APPROVED IN ADVANCE BY A SUPERVISOR. THIS PLAN MUST INDICATE, AT A MINIMUM, THE DIRECTION OF TRAVEL OF VEHICLES TO BE STOPPED; THE METHOD OF SELECTION OF VEHICLES; THE START TIME, THE END TIME FOR THE ROADBLOCK; THE EXACT LOCATION; THE NUMBER OF OFFICERS ASSIGNED. IN ADDITION THEY HAVE TO PUT UP A SIGN SAYING SOBRIETY CHECKPOINT AHEAD.
THEY ALSO HAVE TO PROVIDE THE MOTORIST WITH AN OPPORTUNITY TO DO A U-TURN AND AVOID THE ROADBLOCK AFTER THE MOTORIST REACHES THE SIGN TELLING THE MOTORIST WHAT IS AHEAD. THE LACK OF BLUE LIGHTS CREATES MORE APPREHENSION ON THE PART OF THE MOTORIST THUS MAKES IT MORE LIKELY THE ROADBLOCK AS OPERATED FAILS TO PASS A CONSTITUTIONAL REVIEW.
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