Court: Fake checkpoints OK in search for motorists' illegal drugs
DENVER, Colorado (AP) -- Colorado police can set up fake checkpoints in hopes of sniffing out illegal drugs, an appeals court ruled in a case where camouflage-clad officers spied on fans during a bluegrass festival in 2000.
Thursday's ruling, which reversed an earlier finding, was based on a federal appeals court decision last year in a similar case in Oklahoma.
Police at the Telluride festival had posted signs along the road saying, "Narcotics checkpoint, one mile ahead" and "Narcotics canine ahead." Officers wearing camouflage hid on a hill and watched for any people who turned around or appeared to toss drugs out of their windows after seeing the signs.
Police pulled over Stephen Roth, 60, for littering after they found a marijuana pipe tossed from his window. Two other pipes and mushrooms were found in a search of his car.
The appeals court said that while drug checkpoints are illegal -- because motorists are stopped at random and without reasonable suspicion of committing a crime -- the discovery of the first pipe gave the officers probable cause to stop Roth's vehicle.
Roth's lawyer said he planned to appeal.
Sheriff Jerry Martin said his department conducted four fake checkpoint operations before suspending them because of the lawsuit. The operation will probably be reinstated, he said.
"We didn't dream it would be that effective. I'm telling you, they tossed stuff out of there that you couldn't believe," Martin said.
In the Oklahoma case, Mack Flynn saw checkpoint warning signs in Muskogee County, quickly got off the interstate and dropped a large sack by the roadside. The 10th Circuit agreed with his lawyers that checkpoints are illegal but ultimately ruled against him because there really weren't any checkpoints.
"The posting of signs to create a ruse does not constitute illegal police activity," that court said.
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