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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
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Experience:  Experienced and knowledgeable criminal defense attorney.
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I am a resident of the city of Euclid, Ohio. The set up sobriety

Resolved Question:

I am a resident of the city of Euclid, Ohio. The set up sobriety checkpoints on a regular basis and do not notify the residents of the exact location as required by law. I have requested this information from the Mayor and Police Chief to no avail. My guests have been harassed and disrespected at the checkpoints so I chose to avoid them. Since they do not provide the exact location it is impossible to do so. What can I do?
Submitted: 12 months ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 12 months ago.
Thank you for the opportunity to assist you.

Q) What can I do?

That depends on why you want the information. If you simply want the information for the sake of knowledge, try a FOIA request. That's a "Freedom of Information Act" request under state law. Try this page or this one for details and a sample request form.

If you were stopped by the police at a checkpoint and charged with a crime or traffic infraction, and you believe the stop was unlawful, you would move to suppress the evidence of your stop and arrest. Suppression means to ask the judge to keep out certain evidence because it was obtained in violation of your constitutional rights.

Although the US Supreme Court long ago declared that checkpoints are constitutionally permissible under certain conditions, you are correct that public notice is one of those conditions.

Finally, if you were stopped at a checkpoint that you believe violated your civil rights, even if you were not arrested or charged with a crime or infraction, it is possible to sue in federal court for a civil rights violation. The basis for the lawsuit would be that the checkpoint did not meet the requirements set out by the Supreme Court, and thus the stop was in violation of your constitutional protection against unreasonable search and seizure under the fourth amendment.

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1091
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 7 other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 12 months ago.
Hello,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband

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