ACLU warns Mayfield Heights police on fake drug checkpoints

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The American Civil Liberties Union says it has warned Mayfield Heights police about the use of mock drug checkpoints.

In June, officers posted signs on I-271 North instructing drivers that a drug checkpoint was ahead. Officers then waited, pulled over, and searched motorists that exhibited what they deemed was suspicious behavior in response to the sign. 

Law prohibits police from using random checkpoints to search drivers or their cars for drugs. A Mayfield Heights assistant prosecutor said in a published story in June that the mock checkpoints were legal and a legitimate effort in the war on drugs. The assistant prosecutor said the city of 19,000 "should be applauded for doing this."

The ACLU doesn't agree.

"Mayfield Heights police may believe they have concocted a scheme that allows them to circumvent the Constitution, but they are mistaken," said ACLU of Ohio Legal Director James Hardiman in a written release. "Americans have a fundamental right to be free from unreasonable searches and seizures, and courts have been clear that random drug checkpoints like Mayfield Heights' are illegal."

Citing media reports, the ACLU says in its release at least one driver searched as part of the mock checkpoint had only pulled over on the freeway to search for a lost cell phone charger. The ACLU says courts have recognized that motorists may have a variety of reasons to avoid police checkpoints, such as wishing to avoid lengthy delays, or not being subject to police interrogation.

In addition to its letter warning the Mayfield Heights Police Department, the ACLU of Ohio also issued a records request asking for information on the June 24 drug checkpoint, and if law enforcement has any future plans to use similar methods.

WKYC-TV

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