Golden, MS asked in Civil Rights for Mississippi

Q: In Mississippi, is it legal for city or county officers to have a road block just to check driver's license?

It's not to check for insurance, tag, drinking, only driver's license. I thought Mississippi wasn't a stop and I.D. state.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In Mississippi, law enforcement officials have the authority to conduct roadblocks or safety checkpoints, including for the purpose of verifying driver's licenses. These checkpoints must adhere to certain legal guidelines to ensure they do not violate constitutional rights. The primary goal is to enhance public safety by ensuring that drivers are legally permitted to operate vehicles on the road.

It's important to note that while Mississippi is not characterized as a "stop and ID" state in the context of pedestrians being required to identify themselves to law enforcement without suspicion of a crime, the situation is different for drivers. When operating a vehicle, drivers are subject to specific laws that require them to present a valid driver's license upon request by a police officer. This is part of the broader regulatory framework designed to maintain road safety.

Thus, roadblocks focused solely on checking driver's licenses are permitted under Mississippi law, provided they are conducted in a manner that is consistent with legal standards and respects the rights of individuals. If you're driving in Mississippi, it's wise to always carry your driver's license to avoid any issues at these checkpoints.

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