Highway Alert: Fake Drugpoints, Your Legal Rights, & How to Take Caution

By Barbara Kibbey Wagner, Esq., Criminal Defense Attorney

Have you ever driven on I-95 in Palm Beach or Martin County and seen electronic signs saying “Prepare to Stop: Drug Checkpoint Ahead”? For the past few years, law enforcement in South Florida, like the Palm Beaches and Treasure Coast, has conducted fake “Drug Checkpoints” nabbing the drivers who get off at the preceding exits looking to avoid a search. Unfortunately, these fake “checkpoints” are completely legal and continue to happen every few months. But if you know your rights, you may be able to avoid an arrest or harsh penalties.

Under Florida law, DUI checkpoints are legal, but actually conducting “Drug Checkpoints” are illegal. So law enforcement uses a ruse of a sign stating “Drug Checkpoint” to see which drivers try to avoid a search by getting off at the nearby exits. Drivers can be stopped once they commit basic traffic infractions like running a stop sign or a tint violation. Then, law enforcement has K9 units (like German Shepherds and Belgian Malinois) ready and waiting to do perimeter searches of vehicles. Once the dogs alert, police then have “probable cause” to do a search of the vehicle, and make arrests for any contraband or drugs inside.

So how can you avoid these false checkpoints, what contraband will get you in the most hot water, and what should you do when you are stopped?

CONCENTRATE ON THE ROAD, & KEEP CONCENTRATES AT HOME

In Florida, possession of twenty grams or less of marijuana (in plant/bud form) is a first degree misdemeanor, punishable by up to one year in jail. However, in Palm Beach and Martin County, for first time offenders, you may be offered a Diversion program like Drug Court or classes, and once complete, the charge may be dropped.

If you possess more than 20 grams or a THC concentrate, such as tincture, wax or oil, this is considered a Third Degree felony, punishable by up to five years prison. While again, first time offenders may be offered a lengthier and more involved diversion program, others will have to be placed on probation or even in jail if they possess enough or with other items that the State Attorney’s Officethinks that they have the intent to sell or distribute their goods, such as a ledger, notebook, large cash funds, or items to package. In short, before your road trip, pack lightly. Keep any vape pens that may even have THC residue at home. The dogs can smell everything, and a field test kit will test positive for even the most minor of wax buildup.

KNOW BEFORE YOU GO

Know the days of the week that you may use I-95. Many of these tricky drug interdictions are done during the weeks of music festivals or when the police know there may be lots of traffic, like Thursdays, Fridays and weekends. So timing is everything. If you see a “Drug Checkpoint” sign on I-95, just keep driving normally. If you get off at the exit in order to avoid the checkpoint, law enforcement has teams of drug task units, drug dogs and road patrol ready and waiting to pull over your car for any minor infraction.

KEEP A LOW PROFILE

It is terrible to say, but law officers are humans,too ,and they have a job to do. They may subconsciously “profile” a car that looks suspicious. Just stop vaping or Juuling while driving-it’s a red flag for law officers. Also ditch the dark tint, bumper stickers, license plate frames (although legal, some police still do not know this), flashy rims, and anything else that would be cause for a raised eyebrow or a stop on your vehicle.

DRIVE CAREFULLY

Sounds obvious, but do not commit any traffic infractions, and especially do not roll through any stop signs, especially if you get off at a nearby exit. Use your blinkers and do not speed. If you are stopped, pull over immediately, and have your driver license and registration ready to go.

DO NOT TALK

Just stop talking, please. This is every criminal defense lawyer’s pet peeve. You may have had a case we could have thrown out, but you either confessed or acted unprofessionally that got you in more trouble. Just state your biographical information to the officer. Do not consent to a search of your car. Ask if you are free to leave once the police have completed writing you a traffic ticket. If questioning continues, ask for a lawyer, and then be silent. And be polite!

DO NOT BUY IN BULK AND CAUTION WITH KRATOM POWDER

Some prosecutors, specifically in Martin County, discern anything over a half pound of marijuana indicative of marijuana to be sold and not for personal use. Why does this matter? Florida law holds that a simple misdemeanor possession of marijuana (20 grams or less) or third degree felony possession (more than twenty grams and under 25 pounds) without any evidence of sale or intent to sell would qualify a person for a drug diversion if they qualify. Recently, Circuit Court judges in Martin, Okeechobee and St. Lucie Counties have denied people entering drug court diversion for marijuana where they possessed a large quantity, such as more than half a pound. In those cases, law enforcement testified as “experts” that the amount of marijuana was so much that it could not have been for personal use. Thus, it may not be wise to buy in bulk. Similarly, there have been cases in South Florida where someone’s Kratom powder field-tested positive for THC, and a person was wrongfully arrested. They had to hire an attorney, post bond, and then spend time and money getting the powder retested through an official lab in order to get charges dropped. Thus, it may not be worth the hassle to travel with a powder meant to destress.

THE DOGS ALERTED, YOU WERE ARRESTED, NOW WHAT?

Do not make any statements, ask for a lawyer, and call a highly experienced criminal defense attorney as soon as possible. If you acted professionally and intelligently, then you may have a fighting chance. Good luck!

LEGAL DISCLAIMER: This article is for entertainment purposes only, and should not be deemed legal advice. Always seek the advice of a licensed attorney.

Barbara Kibbey Wagner, Esq. is a criminal defense attorney and Partner at the KIBBEY|WAGNER law firm in Stuart, FL. When she is not holding the police accountable, and helping the wrongfully accused, she likes to spend time with her family at the beach.