6/20/2014 North Carolina Criminal Law Public Service or Obstruction of Justice?

Print
http://nccriminallaw.sog.unc.edu/?p=4818&print=1 1/2
- North Carolina Criminal Law - http://nccriminallaw.sog.unc.edu -
Public Service or Obstruction of Justice?
Posted By Shea Denning On June 19, 2014 @ 5:03 PM In Crimes and Elements,Motor Vehicles | 4 Comments
Impaired driving checkpoints work because they scare peoplenot because they ensnare people. Sure, a few people are
arrested for DWI at such checkpoints. But many more are deterred from driving after theyve had too much to drink
because of the perception that they might be subject to a random and surprise stop. In fact, the National Cooperative
Highway Research Program has said that checkpoints must be widely publicized, since the primary goal, and primary
benefit is to discourage individuals from driving after they have been drinking.
But concerns have arisen that the effectiveness of DWI checkpoints easily can be undermined in this age of social media
and instant communication. If drivers believe they can readily learn of checkpoints location and thereby avoid being
stopped, the efficacy of this safety measure presumably will decrease.
Several mobile apps purport to alert drivers of checkpoint locations. A San Diego news station reported
[1]
that about
10,000 people downloaded the app Mr. Checkpoint
[2]
, before New Years Eve last year. The developer of that app,
which provides notice of checkpoint locations in California, claims that it discourages drinking and driving, rather than
working at cross-purposes with police. Closer to home, a Facebook page called Police Roadblocks in Wilmington, NC Area
[3]
, invites area drivers to share the locations of checkpoints they encounter. The page states that its purpose is not
to encourage driving under the influence, but to help people avoid the hassle of the currently legal but questionable
tactics that police currently employ. Wilmington news station WECT recently reported
[4]
one law enforcement officers
positive take on the site. Sergeant Jerry Brewer was quoted as saying: We hope you see that and go, I dont need to
drive or Hey you need to drive because Ive had too many to drink . . . Were hoping its a positive thing and not a
negative thing to go Oh well, Ill try to go around it because we plan for that also. Besides, Sgt. Brewer opined that it
would be hard to get in trouble for sharing the location of a checkpoint on social media because it is considered public
information.
Other law enforcement agencies have proven less sanguine. An Ohio man reportedly
[5]
was charged with a crime last
Friday night for displaying a sign that said: Check point ahead turn now.
Could checkpoint canary be similarly cited in NC? Perhaps for resisting, delaying or obstructing an officer in violation
of G.S. 14-223
[6]
? I havent discovered any North Carolina appellate court cases in which a person was charged with this
crime for alerting others to the presence of police, though other jurisdictions have considered similar charges. Compare
People v. Case, 365 N.E.2d 872, 873 (N.Y. Ct. App. 1977) (holding that CB radio message from one driver to another as to
the location of a radar speed checkpoint does not constitute the crime of obstructing governmental administration;
explaining [t]o say that there is a Smokey takin pictures up the road does not subject the speaker to a years
imprisonment) with In re Davan L., 689 N.E.2d 909, 910 (N.Y. Ct. App. 1997) (juveniles pedaling of his bicycle in front of
storefront where police were carrying out undercover drug buy while yelling cops, cops . . . . watch out, five-0, police are
coming, were acts that, if committed by an adult, would constitute the crime of obstructing governmental administration).
Readers, if you know of such prosecutions, please share your tale via the comment feature below. The checkpoint
warning debate raises the same issues as the old controversy about whether one may permissibly flash headlights to
warn of police presence, so if you know of prosecutions or vehicle stops for that conduct, let us know about that too.


4 Comments To "Public Service or Obstruction of Justice?"
#1 Comment By Andy gay On June 19, 2014 @ 9:13 PM
Check out the iPhone app WAZE
#2 Comment By Jim On June 19, 2014 @ 9:36 PM
YA forget about the fundamental law of probable cause. Be sure to never enforce that. Forget about any unalienable
right to move about freely without any unwarranted intrusions into your private life for the good of the whole.
#3 Comment By Shea Denning On June 20, 2014 @ 5:49 AM
A reader emailed me to provide a link to this related article:
[7]
#4 Comment By Walter Rand On June 20, 2014 @ 11:02 AM
Speech is protected. The quintessential protected free speech is criticism of the government. Warning people about
adverse government action is just one step below criticizing the government and is firmly protected speech. It is
embarrassing that anyone ostensibly working on the side of the law would try to silence this type of speech.
6/20/2014 North Carolina Criminal Law Public Service or Obstruction of Justice? Print
http://nccriminallaw.sog.unc.edu/?p=4818&print=1 2/2
Article printed from North Carolina Criminal Law: http://nccriminallaw.sog.unc.edu
URL to article: http://nccriminallaw.sog.unc.edu/?p=4818
URLs in this post:
[1] reported: http://www.nbcsandiego.com/news/local/SDSU-Students-DUI-Checkpoint-App-Gains-Popularity-
238405521.html
[2] Mr. Checkpoint: http://www.mrcheckpoint.com/
[3] Police Roadblocks in Wilmington, NC Area: https://www.facebook.com/PoliceRoadlocksWilmingtonNCArea/info
[4] reported: http://www.wect.com/story/25813201/social-media-posts-alert-drivers-to-checkpoints
[5] reportedly: http://www.19actionnews.com/story/25803787/man-ticketed-for-holding-sign-warning-drivers-of-
dui-checkpoint
[6] G.S. 14-223: http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=14-223
[7] :
http://www.abajournal.com/mobile/article/flashing_headlights_even_to_warn_of_speed_traps_is_protected_conduct_federa
Copyright 2012 School of Government at the University of North Carolina. All rights reserved.