A recent opinion from the Alabama Court of Criminal Appeals has held that the avoidance of a roadblock is a sufficient basis for an investigatory stop. Law enforcement officers need reasonable suspicion that the person being stopped is engaged in some type of criminal activity. Therefore, the courts have declared that avoiding a roadblock gives law enforcement officers the necessary level of suspicion that you are engaged in criminal activity. REMEMBER that the right to pull you over is not the same as the right to search your vehicle. To search your vehicle (without your permission) they must have probable cause, which usually results from the officer seeing something that is in PLAIN VIEW which indicates a crime is being or has been committed. Additionally, in the unfortunate situation where you do get arrested, be sure to inform the officer you have someone who can take possession of the automobile on your behalf, so that it is not necessary to impound it. This may save you from the INVENTORY SEARCH at the impound lot, which could uncover further incriminating evidence. KNOW YOUR RIGHTS! Cooperate with the officer's directions, keep quiet and ask for your attorney.
Read the full case referenced above: State of Alabama v. White, 18 ALW 33-3 (CR-08-0869)
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