Motorist’s avoidance or attempt to avoid police roadblock must be coupled with other articulable facts in order to give police officer reasonable suspicion that motorist is in violation of Vehicle Code or that criminal activity is afoot, warranting a stop.
In fact, the probable cause affidavit, which presented the sole evidence of the reason for the investigatory stop, clearly expresses that Trooper Miller’s duty was to stop vehicles that attempted to avoid the roadblock.
Basically, the cops just have to be more creative in their probable cause affidavits. They might be wrong, but if they claim you went too fast, failed to signal, went over the lines, or otherwise did something suspicious, the traffic stop will be legitimate. You’ll really only get out of it if they write (as in Scavello’s case) that it was solely because you avoided the checkpoint. If they “couple it with other articulable facts”, the stop will be legitimate.
That being said, I’m all for turning around, particularly for those of us that have not been drinking.