People v. Velit

In People v. Velit, 2002 WL 334690 [NY City Crim Ct. 2002] the court found that the checkpoint was an unconstitutional seizure. In that case, the Police Officer testified that he was directed to stop every vehicle at Astoria Boulevard and 21st Street in the vicinity of the Triborough Bridge. There were cones and flares in place to alert the motorists to the checkpoint. The Velit court nevertheless found the stop was found to be unconstitutional. The court based its reasoning on the following facts: (1) there was no mention of any guidelines during the suppression hearing; (2) there was no testimony as to the purpose of the checkpoint; (3) there was not testimony as to who chose the located and why it was chosen; (4) the People failed to present any evidence about the Officer's training and experience with respect to DWI cases; and (5) the People did not produce any written guidelines to bolster the testimony. The Velit court also rejected the People's motion on re-argument that "they will submit a written copy of the guidelines for the Court's inspection" because the defense counsel would have no right of cross-examination. (Id. at 4-6). The Velit court went on to hold that in light of the absence both written guidelines and testimony on the checkpoint's actual purpose and the other numerous infirmities, the checkpoint was unconstitutional and represented an unlawful seizure and suppressed the results of the sobriety test. (Id. at 6-7).