OFF THE WIRE
§ 20‑16.3A. Checking stations and roadblocks.
(a) A law‑enforcement agency may conduct checking stations to determine compliance with the provisions of this Chapter. If the agency is conducting a checking station for the purposes of determining compliance with this Chapter, it must:
(1) Repealed by Session Laws 2006‑253, s. 4, effective December 1, 2006, and applicable to offenses committed on or after that date.
(2) Designate in advance the pattern both for stopping vehicles and for requesting drivers that are stopped to produce drivers license, registration, or insurance information.
(2a) Operate under a written policy that provides guidelines for the pattern, which need not be in writing. The policy may be either the agency's own policy, or if the agency does not have a written policy, it may be the policy of another law enforcement agency, and may include contingency provisions for altering either pattern if actual traffic conditions are different from those anticipated, but no individual officer may be given discretion as to which vehicle is stopped or, of the vehicles stopped, which driver is requested to produce drivers license, registration, or insurance information. If officers of a law enforcement agency are operating under another agency's policy, it must be stated in writing.
(3) Advise the public that an authorized checking station is being operated by having, at a minimum, one law enforcement vehicle with its blue light in operation during the conducting of the checking station.
(b) An officer who determines there is a reasonable suspicion that an occupant has violated a provision of this Chapter, or any other provision of law, may detain the driver to further investigate in accordance with law. The operator of any vehicle stopped at a checking station established under this subsection may be requested to submit to an alcohol screening test under G.S. 20‑16.3 if during the course of the stop the officer determines the driver had previously consumed alcohol or has an open container of alcoholic beverage in the vehicle. The officer so requesting shall consider the results of any alcohol screening test or the driver's refusal in determining if there is reasonable suspicion to investigate further.
(c) Law enforcement agencies may conduct any type of checking station or roadblock as long as it is established and operated in accordance with the provisions of the United States Constitution and the Constitution of North Carolina.
(d) The placement of checkpoints should be random or statistically indicated, and agencies shall avoid placing checkpoints repeatedly in the same location or proximity. This subsection shall not be grounds for a motion to suppress or a defense to any offense arising out of the operation of a checking station. (1983, c. 435, s. 22; 2006‑253, s. 4.)
No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Terry v Ohio quoting Union Pacific v Botsford.
Thomas J Bub
Contracting Officer
Phone (202) 366-9571 thomas.bub@dot. gov
NHTSA Posts Motorcycle Law Enforcement Demonstrations Grant
The National Highway Traffic Safety Administration (NHTSA) intends to enter into a Cooperative Agreement to study the applicability of advanced law enforcement acitivities, conducted by the New York State Police, to reduce motorcycle crashes and related injuries and fatalities in other jurisdictions throughout the United States . NHTSA is inviting state agencies to participate in supporting this Program, entitled “Motorcycle Law Enforcement Demonstrations”. View the grant announcement on www.Grants.gov for more details. The closing date for applications is Aug. 13, 2010 .
NOTE: grant announcement:
Motorcycle Law Enforcement Demonstrations
Document Type:
Grants Notice
Funding Opportunity Number:DTNH22-10-R- 00386
Opportunity Category:Discretionary
Posted Date:Jul 13, 2010
Creation Date:Jul 13, 2010
Original Closing Date for Applications:Aug 13, 2010
Current Closing Date for Applications:Aug 13, 2010
Archive Date:Sep 12, 2010
Funding Instrument Type:Cooperative Agreement
Category of Funding Activity:Transportation
Category Explanation:
Expected Number of Awards:5
Estimated Total Program Funding:$350,000
Award Ceiling:$350,000
Award Floor:$70,000
CFDA Number(s):20.614 -- National Highway Transportation Safety Administration (NHTSA) Discretionary Safety Grants
Cost Sharing or Matching Requirement:No
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Eligible Applicants
Others (see text field entitled "Additional Information on Eligibility" for clarification)
Additional Information on Eligibility:
Applications may be submitted by Law Enforcement Agencies only. However, this eligibility requirement does not prohibit law enforcement agencies from creating partnerships with other State agencies, such as State Highway Safety Offices, to accomplish the goals and objectives of this Cooperative Agreement.
Agency Name
DOT/National Highway Traffic Safety Administration
Description
The National Highway Traffic Safety Administration (NHTSA) intends to enter into a Cooperative Agreement for the purpose of jointly participating in an effort to study that is aimed at demonstrating the applicability of advanced law enforcement acitivities, conducted by the New York State Police, to reduce motorcycle crashes and related injuries and fatalities in other jurisdictions throughout the United States . At this time we would like to invite your State agency to participate in supporting this Program, entitled “Motorcycle Law Enforcement Demonstrations”. This letter is a formal invitation to your agency to submit an application for federal assistance that will be provided in the form of a Cooperative Agreement between your agency and NHTSA.
Link to Full Announcement
If you have difficulty accessing the full announcement electronically, please contact:
Thomas J Bub
Contracting Officer
Phone (202) 366-9571 thomas.bub@dot. gov
Synopsis Modification History
There are currently no modifications for this opportunity
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United States Department of Transportation (USDOT)
National Highway Traffic Safety Administration (NHTSA)
Cooperative Agreement for Motorcycle Law Enforcement Demonstrations
PDF 20 pages:
Other Supporting Documents - 10-R-00386
