Is it legal for police to post checkpoints for drunk drivers?

Answer 1

Yes it is legal as long as certain guidelines are followed...everyone that comes to that checkpoint has to be tested or checked...they cannot let one go, otherwise it is not legal...or they have to establish the criteria for further testing...no license, stutter, smell, what ever...they have to follow the same criteria for each person that comes to that checkpoint.

Answer 2

1

Answer 3

It really depends on how you interpret the law. Some would say no, that for them to do so is a violation of the idea that any person is innocent until proven guilty, and that you must have probably cause before you can pull a car over. However, in virtually every state int the country police must first obtain a warrent before they can conduct a roadside sobriety test. And in order to get the warrent, they have to prove to a judge that the roadblock will significantly help the public good. That is how cops get away with road blocks, despite the fact that, based on a rationaly examination of the law, they are entirely ilegal.

Answer 4

Yes, but not in all states.

In 1990, the U.S. Supreme Court upheld the constitutionality of sobriety checkpoints in Michigan v. Sitz. If conducted properly, sobriety checkpoints do not constitute illegal search and seizure in most states.

Thirty-nine states, plus the District of Columbia, can legally conduct sobriety checkpoints. The use of sobriety checkpoints as a deterrent is restricted or prohibited in the following states: Alaska, Idaho, Louisiana, Michigan, Minnesota, Oregon, Rhode Island, Texas, Wisconsin, Washington and Wyoming.

Answer 5

Do the signs say 'sobriety checkpoint' or 'driver license checkpoint'? A driver license checkpoint is legal, and if you or some other knucklehead turn out to be drunk, then, gee, what's the problem?

Answer 6

Yes it is perfectly legal for police to post checkpoints for drunk drivers. They have to check to make sure you have a license, registration, and proof of ins. (if required in your state). and they cannot make every person stop and take a breathalyzer. The only way they can make you take a breathalyzer is if they can smell alcohol from your vehicle, because then they have probable cause to make you pull over and do a field sobriety test and breathalyzer.

Answer 7

It is in INDIANA.. but they can only check for drunkeness. And.... they must pick a pattern and follow it from the start to the end of the roadblock. (ie..... take 2 cars, let 2 pass, take 2 cars, let 2 pass) They cannot take every car. Random Sobriety Checkpoints!

Answer 8

Why wouldn't it be legal? The public roads are public property, and there is no expectation of privacy for driving actions. Besides, there is no search of the vehicle, and officers are merely speaking to the drivers of vehicles. If they smell alcohol, then that is probable cause. At that point, they can conduct that small little test.

If you want to gamble and drive after drinking, then you deserve to be caught.

Answer 9

Yes, as long as the criteria used for the stop/search is objective and not discretionary.

So, it's OK if they stop every car, or every third car, or every car with only one person, or some other objectively definable criteria.

It's not considered a constitutional violation because it falls within the scope of reasonable efforts to apprehend drunk driving, and the standard for temporary traffic stops is reasonableness, not the higher standard of probable cause required for most arrests.

Answer 10

surely. no matter when you're literally not inebriated, might want to you want to detect strategies to tug over and undergo a DUI try? it really is perplexing to bypass the try even at the same time as sober. cities make funds through arresting human beings and it really is unlike we do no longer have corrupt law enforcement officials, attorneys and judges. I also imagine someone has an exact to video tape an incident in the journey that they are pulled over through a cop for any reason.