Court: Drug Checkpoint Ruse Not Justifiable Cause For Police Stop

Posted 2 years ago

By Post Staff

A federal appeals court says the reaction of drivers to phony drug checkpoints set up by law enforcement is not sufficient grounds to justify stopping vehicles.

A three-judge panel of the 10th U.S. Circuit Court of Appeals ruled Tuesday for a man who was searched and arrested after exiting Interstate 70 after the Kansas Highway Patrol posted signs warning of a drug checkpoint ahead.

Dennis Neff was sentenced to five years after pleading guilty to one count of traveling in interstate commerce with intent to distribute cocaine.

Neff argued the stop was illegal because troopers lacked a reasonable suspicion of criminal activity.

The Court of Appeals panel threw out his conviction, ruling the trial judge wrongly rejected Neff’s motion to suppress the evidence.



Commenting Disclaimer
  • Be respectful. 
  • Do not use obscene, profane or vulgar language.
  • Do not make accusations or personal attacks
  • Comments considered to be 'trolling' or for the sole purpose of angering others will be removed.

  • Anonymous

    it’s ok for a dui check point but not drugs…ok..lmao

    • mel

      what a lot of people don’t realize is that if a person goes through a dui checkpoint, it is only a nonmoving violation if they don’t submit to a breath test.
      Most people assume that if they don’t submit to a breath test they will be charged with refusal to submit and lose their license when actually they pay a small fine and that is it.

      • whatisthis

        Where you’re an idiot, is trying to act like you know something. It is not a non moving violation. It is not your constitutional right to refuse a feild sobriety test. If you refuse you still lose your license for a year and are required to To have a breath alcohol machine in your car, whether you’re drunk or not. Know your facts before you say dumb stuff.

        • agree

          Yes, you are right, you automatically lose your license for refusing sobriety tests. Pretty much F’d the same as a DUI. Love how people think they know it all!

    • Anonymous

      No, it was a sign saying “Drug checkpoint ahead” on interstate; he goes on the offramp, then gets pulled over.

      • Anonymous

        I’m sorry, I need to clarify better. He saw the sign and averted the “checkpoint”.

  • smh

    They will simply change it up a bit. Oh you made an illegal stop etc.

  • Duh!

    You do understand by reading the article that there wasn’t actually a checkpoint. They just put up signs and stopped any vehicle who exited prior to the fictitious checkpoint.

    • Anonymous

      GET YOUR G D HEADS OUT OF THE TV. READ SOMETHING. START WITH THE CONSTITUTION . It was OBVIOUS ON SITE WITHOUT A SECOND THOUGHT THEY WERE ILLEGAL AND I DON’T NEED TO WAIT FOR A JUDGE TO TELL ME SO. FOR F’s sake people. Wanna know what else is illegal…how much time you got? wanna start locally or with the state or feds. oh btw it doesn’t matter now. the rule of law no longer applies. ask Eric Holder. btw did you know its illegal for a doctor to provide any medical treatment without INFORMED CONSENT but we in Salina allow the highly unqualified politicians of our city to continue the long standing tradition of forced medication through the PUBLIC WATER SUPPLY…but thats ok…it makes your teeth strong :)

  • lol

    And another dirt bag gets off on a technicality!

    • scab scratcher

      OK, but would you have even known if they followed the law?

    • skydvrboy

      I am not sure I would consider an unconstitutional violation of the 4th amendment a mere technicality. If the constitution is the supreme law of the land, as most say that it is, violating the constitution is far more serious than violating some drug statute.

  • Sum Yung Guy

    So was this dog male or female? While that may seem like a moot technicality, think about it.

    • http://deleted Sum Yung Guy

      Whoops, meant to comment on the boy and his dog story. Sorry about that.

  • striving to be free

    My spouse told me they would pull off at the next available exit after seeing one of those signs just to get stopped and see what kind of harassment really happens, with video camera going; and having not done any traffic violations illegal to justify a stop to begin with besides taking this exit to go somewhere. And no, we aren’t doing “illegal” drugs….!!

    • snitty

      sooo many times I have thought of this very same thing…and I have NEVER done drugs or driven under the influence…..I just don’t trust these cops…NOT ALL…BUT ALOT OF THEM…

  • j jones

    This is not the breaking news some make it out to be. The opinion reads, in part: “The reaction to the check lane is not sufficient grounds for a stop.” But, if a law is broken when the reaction is preformed (exiting the interstate and not coming to a complete stop at the ramp stop sign, not using a turn signal if a turn is made, so on…) there IS reasonable suspicion for a stop. This pertains to someone simply reacting to the lane and not breaking the law. The point of the ruse lanes being unconstitutional has been visited several times and the lanes have been upheld.

  • Pixie Wings

    If somebody would chose to take the D.U.I. check points to a higher court maybe that would stop to

    • IamMe

      I could be wrong, but I believe someone has to some point.

    • really

      and you will still feel that way when one of your loved ones gets killed by the drunk driver that DUI lane could have stopped…….you people on here are so stupid about DUI lanes and drugs, you think you have the right to kill people with this crap……..I wish they’d set up more DUI lanes, more than just the weekends.

      • Amazed

        Maybe you like being monitored by your government but many of us do not. That’s why the founding fathers wrote the constitution the way they did..

      • VillageIdiot

        Sheeple……that’s all I’m saying. Okay wait, no it’s not! Don’t you get it! The EPA is now using drones to spy inside the US on US CITIZENS in Nebraska and Iowa! DUI and Drug check lanes were just the tip of the iceberg to condition you to the idea of being monitored by the Government. Think for yourself and not the anti-drug, war profitering, propaganda that the Government feed you in a government school!

        People who drink and drive are some of the lowest in society, however I believe in the idea that I deserve to be protected by the Constitution of my right to privacy from the law.

        “Those willing to give up any freedom for a little bit of security deserve neither freedom or security.” – Ben Franklin

        • Whoa…What?

          The EPA is using Spy drones? The EPA? What are they searching for? People farting in public and causing a methane build up? I could the NSA or Homeland Security doing it. Hell even the CIA, but the EPA? REALLY?

          I agree with good old Ben Franklin and a lot of what you said but I just can’t see what or why the EPA would have spy drones for.

          • i have a big droner

            I have heard that they are using the drones equipped with carbon monoxide detectors to monitor levels of gas from cattle, and also to see if cattle are dumping in any water. I do not know if any of this is legit

          • VillageIdiot

            It’s true. The EPA just admitted in a press release that the MSM didn’t even report on prime time news.

  • Amazed

    Finally! A judge that has read the constitution and has put the “criminals with badges” back in line a bit.

  • neosysus

    Somebody better get on a recall for these judges. How dare they stand up for the Constitution. God Bless America. There is still hope.

    • William R. DeSilvey

      Agreed.
      Doesn’t seem like failing to go through a “DUI Checkpoint” should make one subject to search and seizure.
      Granted, the dude had the coke, and got off; but there still is a little something to the American Constitution (that little document that Ruth Bader Ginsburg advises other nations to not use for a blueprint) called PRINCIPLE.
      Good call.

      • snitty

        and the million dollar question is how many innocent citizens did our law enforcement harass to get that ONE bad citizen…….innocent til proven guilty….its the how you get the guilty we need to regulate and enforce…

  • Jinn

    What a great day for the Constitution.

    For once a court rules against the ever expanding police state.

    At last our courts rule in keeping with the powers granted by the Constitution.

    Too bad this won’t receive any national coverage.

  • Anonymous

    i hope all you citizens that support freedom and liberty will take the time to tell your cc that you would like them to vote to remove fluoride an unapproved DRUG for human use from the public water supply and that YOU DO NOT CONSENT TO FORCED MEDICAL TREATMENT . Just a frw minutes monday at 345. have your voice heard put your local city gov on notice… patriots lurking and watching..demand freedom from forced government medication…get off the fluoride .

    • snitty

      educate us a little more about this flouride situation…I never knew it was a big deal…..the dentist likes to give it to us each year on our visit….

    • igotmine

      Drill a well and STFU!! You are preaching that you don’t want the government in your life but expect them to supply you with water. Get it yourself, you whining self-righteous blowhard.
      The dude had the coke, they caught him. Kudos to them.

      • Anonymous

        Really, so can I be exempt from my water bill and any taxes that are used for the PUBLIC WATER SUPPLY.
        btw, when you drill that well, keep in mind everyday every minute every second the water coming from the plant leaks through the pipes all the way to the destination, contaminating not only the soil, but eventually seeping into the water table and….WELLS. The city is supposed to provide SAFE drinking water to the public, the city council in 1968 weren’t doctors qualified to make that decision nor should the city be in the business of prescribing medical treatments on a mass scale, WITHOUT INFORMED CONSENT. It’s humorous how angry it makes some sheep to hear that there are real people out there that demand their government obey the law.
        THE GOVERNMENT IS SUPPOSED TO SUPPLY THE PUBLIC WATER IDIOT, THEY ARE NOT SUPPOSED TO BE MEDICATING THE PUBLIC THROUGH THE WATER. GO EAT SOME MORE FLUORIDE AND TUNE INTO AMERICAN IDOL.

      • Anonymous

        And yup they got him alright, and now he’s a free man, because CHEATERS NEVER WIN., not only that, how many others will now be freed because those tasked w/ protecting and serving us and upholding the laws, chose to BREAK THE LAW THEMSELVES. It bothers me more that LEO here believe that they are above the law and will lie cheat and steal until they are caught doing it.

        • igotmine

          Waaaaa. Gimme gimme gimme. That’s all I hear from you. If you don’t play my way I’m taking my ball and going home.
          Paranoid much?

          • Anonymous

            100% proof fluoride causes brain damage ^^^^

  • seenitallnow

    i rolled through 1 last night on eastside of topeka on i70 round 1030 had 8-10 police cars all along both sides of road had like 4 cars puled over n various locations 4 about a half mile police flyin around it seemed chaotic,now i read this and it makes sense they were getn 1 last run n b4 we hear about it(courts ruling),like a junkie tryn 2 get real high b4 treatmnt !

  • j jones

    Read the article….the lanes are not unconstitutional. The mentioned stop was not valid, thus the conviction was overturned.

    • Anonymous

      THE SEARCH AND SEIZURE WAS UNCONSTITUTIONAL.

  • toomuch fun

    its about a totalitarian government, which is where we are heading with things like this. fear your government folks. they cant protect and support you without you ceding complete control to them.

  • snitty

    yeah they are already trying to stick cameras up vaginas without consent….

    • i have a big droner

      I have been trying to do that for years

  • youpeoplearedumb

    I saw a drug checkpoint sign heading west on I-70 the signs were starting around exit 311 Moritz Rd. Having just a little pot, for personal use, i pulled off thinking i could go around, yeah they were there on the exit, not even on the interstate. They were looking for large amounts anyways, dumped out what I had and told me to move on. BTW – it is illegal to shut down an interstate to do a drug check point…. they only put up signs to scare people into turning off the interstate.