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Criminal Law

: DUI Blog

Police Roadblocks in the New America

By Lawrence Taylor

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When the U.S. Supreme Court in a 5-4 decision validated DUI "sobriety checkpoints" (aka police roadblocks), Chief Justice Rehnquist admitted that they were a clear violation of the Fourth Amendment to the Constitution.   However, he wrote in Michigan v. Sitz, the "minimal intrusion" into citizens’ protected right to privacy was "outweighed" by the government’s interest in reducing DUI-caused fatalities. Although the decision limited the use of roadblocks to apprehension of drunk drivers, it was not difficult to foresee that police would soon go beyond this.  And, in fact, there has been a growing increase in the use of roadblocks for purposes other than DUI detection.  See, for example, my earlier posts Sobriety Checkpoints: The Slippery Slope and The Slow Death of the Fourth Amendment...continue to full post

Full post as published by DUI Blog on September 30, 2008 (boomark / email).

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