Maybe in the midwest, but apparently not in Virginia. Here is a web page which provides statute and case cites for checkpoints for all 50 states. Very interesting!
Originally Posted by gis
Here is the entry for Virginia, I colored the summaries for easy seeing:
Upheld under state and federal Constitution. Lowe v. Commonwealth, 337 S.E.2d 273 (Va. 1985), cert. den., 475 U.S. 1084 (1986). See also, Crandol v. City of Newport News, 386 S.E.2d 113 (Va. 1989); Simmons v. Commonwealth, 380 S.E.2d 656 (Va. 1989); Hall v. Commonwealth, 406 S.E.2d 674 (Va. App. 1991); Thomas v. Commonwealth, 473 S.E.2d 87 (Va. App. 1996). Deviation in checkpoint location, as stated in plan, will not invalidate the checkpoint. Sheppard v. Commonwealth, 489 S.E.2d 714 (Va. App. 1997). Legal driving maneuvers that reverse a driver's course toward a checkpoint do not justify a stop, Bass v. Commonwealth, 525 S.E.2d 921 (Va. 2000). See also, Murphy v. Commonwealth, 384 S.E. 2d 125 (Va. App. 1989). Certain avoidance maneuvers do justify a stop, Commonwealth v. Eaves, 408 S.E. 2d 925 (Va. App. 1991); Stroud v. Commonwealth, 370 S.E. 2d 721 (Va. App. 1988); Brown v. Commonwealth, 440 S.E, 2d 619 (Va. App. 1994).
From reading some of the case summaries, it would appear that if you avoid the stop by driving legally, and before you reach the line of cars that are stopped, they don't have sufficient RAS to stop you, but if you engage in "certain avoidance maneuvers" then they do.
I did hunt down Bass vs. Commonwealth. Worth the read. The Commonwealth was digging out every nook and cranny of the code they could think of to try to get this to stick on the guy. Here's one, there were several others, all shot down, as well:
Initially, the Commonwealth argues that Officer Wickham's observation of Bass' driving maneuvers supports the officer's reasonable conclusion that Bass “was evading the traffic checkpoint and, consequently, was violating the law.” Although there is no specific statutory prohibition against the avoidance or evasion of a traffic checkpoint, the Commonwealth refers to Code § 46.2-817, which makes it unlawful for citizens to refuse to stop their vehicles when commanded to do so by the police, and contends that a traffic checkpoint is a command by the police for all those approaching to stop their vehicles. There is no merit to this contention.
Very interesting indeed.