Commonwealth v. Dovel

BY JUDGE JOHN J. MCGRATH, JR.

This case involves the continuing and vexing question of the legality of automobile “check-points,” “road blocks,” and “blockades.” Although there may be occasions where there are subtle distinctions between check-points, road blocks, and blockades, in this case they will all be referred to as a “checkpoint.”

It has been well established at the federal and state level that checkpoints can be used for enforcing road safety laws (drunk drivers, license status of drivers, etc.) and for policing illegal immigration or smuggling at or in proximity to our nation’s…