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DWI checkpoint dodger arrested on drug charges

Posted November 24, 2008

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— Goldsboro police found 6.1 grams of cocaine and 34.2 grams of marijuana on a man after he tried to dodge a DWI checkpoint on Nov. 20, authorities said.

Officers said they saw Jamie Dareese Cumberlander, 35, of 700 Marigold St., make a U-turn as he drove near a checkpoint. Officers followed his car and later charged him with traffic and drug violations.

They charged him with possession of cocaine, marijuana and drug paraphernalia with intent to sell and deliver, driving with a revoked license, having fictitious license plates on his car and resisting, delaying or obstructing officers.

Police held him in the Wayne County Jail under $50,000 bond.

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  • csmac99 Nov 24, 2008

    I got pulled over once after turning away from a checkpoint - looked like I was approaching a big accident scene to me. I didn't have drugs or money on me, so I was let go without issue.

  • Common Sense Man Nov 24, 2008

    The type of charge doesn't matter.

  • RonnieR Nov 24, 2008

    Cookie, the difference between misdemeanors and infractions was what I was told.

  • Common Sense Man Nov 24, 2008

    "We weren't taught incorrectly, there was solid case law, at the time, that one have an articulable PC to stop the car."

    It's always been reasonable suspicion until recently. I've heard old school officers say "PC to stop" many times, but it's always been reasonable suspicion.

  • Common Sense Man Nov 24, 2008

    Change that to "perceived traffic violation," not "readily observable."

  • RonnieR Nov 24, 2008

    We weren't taught incorrectly, there was solid case law, at the time, that one have an articulable PC to stop the car. Otherwise you were "fishing" and defense attornies were not hesitant to make that point. That is one reason the stop to insure compliance with Chapter 20 was tossed.

  • Common Sense Man Nov 24, 2008

    "Where you are coming from is when officers were taught incorrectly that they had to have probable cause of an offense to stop a car."

    Well, due to North Carolina's stupid courts they ruled that you have to have PC to stop for a readily observable violation. DWI, NOL, DWLR among others still only require reasonable suspicion, but they incorrectly ruled that PC is required for other stops.

  • anonemoose Nov 24, 2008

    WA4, thanks to State V. Karen Foreman, avoiding a checkpoint is a valid reason for a stop on it's own. There were other things, but the court stated it was a valid reason for the stop. Where you are coming from is when officers were taught incorrectly that they had to have probable cause of an offense to stop a car.

  • deuce Nov 24, 2008

    wa4mjf: It is not illegal to turn around on a checkpoint in itself. It does however provide the reasonable suspicion to conduct an investagatory traffic stop. The courts have become very liberal in allowing LEOs to use checking stations as they are now called. I will caution from experience that the supervisor of the activity must be able to articulate why they chose the place and the time of the checking station.

  • Common Sense Man Nov 24, 2008

    It's not a violation, but it's enough reasonable suspicion for a stop.

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