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Are DUI Roadblocks Constitutional?

By Lawrence Taylor

The Constitution of the United States pretty clearly says that police can't just stop someone and conduct an investigation unless there are 'articulable facts' indicating possible criminal activity. So how can they do exactly that with DUI roadblocks? Good question. And it was raised in the case of Michigan v. Sitz (496 U.S. 444), in which the U.S. Supreme Court reviewed a decision of the Michigan Supreme Court striking down drunk driving roadblocks as unconstitutional. In a 6-3 decision, the Court reversed the Michigan court, holding that roadblocks were constitutionally permissible. Chief Justice Rehnquist began his majority opinion by admitting that DUI roadblocks (aka 'sobriety checkpoints') do, in fact, constitute a 'seizure' within the language of the 4th Amendment...continue to full post

Full post as published by DUI Blog on January 02, 2011 (boomark / email).