People v. Rocket

In People v. Rocket (156 Misc. 2d 641 [1992]), the court held that the stop of a vehicle, which merely turned off one public highway onto another such highway, without any alleged violation of the Vehicle and Traffic Law, resulting in the avoidance of a sobriety checkpoint, was not a permitted stop. The court stated that "Even if a defendant is intentionally avoiding a checkpoint police officials would not be cognizant of that fact other than by mere conjecture." (Rocket, supra at 643.) The court further indicated that "While there are a number of cases which suggest that the avoidance of a checkpoint is in fact an articulable reason for a stop . . . it appears that the prevailing view and that more consistent with the articulations made by the United States Supreme Court is that the mere making of a U-turn or turnoff to avoid a . . . checkpoint is not, in and of itself, sufficient basis for a stop." (Rocket, supra at 644.)