Ensuring Safety at a Suspicionless Checkpoint

by Garret Ean | Sep 4, 2013 | 12 comments

Late into the evening of August 31, the New Hampshire state police established a suspicionless checkpoint on Route 12 in Walpole. The location seemed a strange choice, as the area is notably rural and does not see any heavy traffic. Presumably, this was also the first suspicionless checkpoint established in Cheshire county this year. A detail of about ten state police units and just under that amount of cruisers situated themselves in front of a large Citgo station and waited for drivers to ambush. For most, the checkpoint meant shuffling through one’s wallet to find their papers, drowning in a sea of backlighting for about two minutes, occasionally field-testing for sobriety, then being released upon their way.

While it is the position of the state that these sorts of rights-infringing checkpoints promote safety by increasing detection of impaired and possibly reckless drivers, individuals are detained at these checkpoints indiscriminately and during my time at the checkpoint itself, I observed only one car that was permitted to roll through with no detention. Since detentions were not based on suspicion of a driving offense, they essentially violate the fourth amendment of the US constitution as well as liberties enumerated in the New Hampshire constitution, but the framework of a supposedly free people is permitted to be violated so long as a person in a black robe authorizes the indiscriminate stops. Per NH law, the suspicionless checkpoint was announced in advance with a release published in the Keene Sentinel. Knowing that drivers needed additional notice of the checkpoint, activists set up signs warning of the checkpoint ahead and indicating where the final turnoff was to avoid the detention from either approach. (more…)