Our P.D. conducted a "traffic safety checkpoint...to contact the driver of each vehicle that passes through to confirm that the person has a driver's license and proof of liability insurance." Of course, D rolls through, he is observed stuffing something between the seats, he has no DL, gives consent, and a rock of crack is located. Is this a valid reason to stop the vehicle?

Thanks in advance.

Abigail
Parker County

You'll probably need to show that there were guidelines in place concerning how the roadblock was set up and how it was conducted. Stoppenbrink v. State, 2009 WL 225396 (Tex.App. -- Dallas Feb 2, 2009) (not published); State v. Luxon, 230 S.W.3d 440 (Tex.App. - Eastland 2007, no pet.).

Dix & Dawson 40 TXPRAC §§ 10.72, 10.74.