S.C. Case Raises Legal Question

MUST DRIVERS STOP FOR CHECKPOINTS?

Some Contend It's Not Illegal To Turnaround To Avoid Them

LEXINGTON, S.C. (AP) -- Motorists can expect to see S.C. law enforcement at
traffic checkpoints this holiday season, but some debate whether drivers
have to stop for them.

The U.S. Supreme Court has upheld and set standards for checkpoint use. But
the court never has ruled whether motorists have the right to avoid
checkpoints.

Some attorneys, law professors and prosecutors say motorists have the right
to avoid checkpoints as long as they don't commit traffic offenses while
doing so.

Lexington County Sheriff James Metts said he's gotten more compliments than
complaints from people who have been through the checkpoints.

"Our intent is not to create problems," Metts said. "We're trying to get
people to be safe and to have safe highways. We want to prevent something
from happening."

If you're driving legally, there's no reason to avoid checkpoints, Metts
said. Motorists are detained briefly while deputies look at driver's
licenses, vehicle registrations and insurance cards, he said.

Anyone who turns away from a checkpoint, Metts said, "gives us probable
cause. You have to have a reason to want to avoid a checkpoint."

Most people who try to elude checkpoints have something to hide, such as
drugs or an invalid driver's license, said Lexington County sheriff's
Deputy Scott Smith, who supervises many of the department's checkpoints. In
1995, Circuit Court Judge Alexander Macaulay dismissed charges that S.C.
Highway Patrol troopers filed against Andrew Kusko after he appeared to
dodge a checkpoint in 1993.

Kusko committed no driving offense that gave troopers reason to pull him
over, according to court documents. He chose not to go to the checkpoint.
From there he got chased, charged and arrested for driving without a license.

Kusko keeps a copy of the judge's decision in his car to show officers who
stop him after he eludes checkpoints.

But Joe Lumpkin, senior assistant general counsel for the state Department
of Public Safety, said the judge's decision applies strictly to Kusko's
case. It doesn't set legal precedent for anyone who eludes a driver's
checkpoint, including Kusko.

"The question is what constitutes reasonable suspicion of turning around on
a checkpoint," Lumpkin said. "We don't have a decision on that. (Kusko's)
case is a single case with a single fact situation."