SD Court: Avoiding Checkpoint Doesn’t Justify Stop

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PIERRE, S.D. (AP) – The South Dakota Supreme Court says a driver’s avoidance of a sobriety checkpoint does not by itself give police sufficient reason to stop a vehicle and check whether a driver is intoxicated.
In a decision issued Thursday, the high court noted that it previously had ruled that avoidance of a checkpoint did give law officers the reasonable suspicion needed to justify a traffic stop. The justices say they are now joining with recent federal court rulings to hold that turning away from a checkpoint is not sufficient reason for a stop.
However, the high court upheld the drunken driving conviction of a South Dakota man who turned onto another road before reaching a checkpoint near Milbank. The Supreme Court says the man’s driving provided reason to stop him.


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