| Is it legal for law enforcement to use a | | | | |
| roadblock to snare impaired drivers in Palm | | | | It means that in order to conduct a roadblock |
| Beach County, Florida? You betcha!. | | | | law enforcement must have written guidelines. |
| | | | These guidelines must be written by superior |
| In Michigan v. Sitz, 496 U.S. 49 (1979) the | | | | officers and the guidelines govern the |
| United States Supreme Court set forth the | | | | methods of the field officers. The guidelines |
| following factors in considering whether a | | | | are to state whether every car ( actually |
| roadblock is constitutional.: (1) the | | | | every car would not fly with the court) or |
| duration of the stop and the intensity of the | | | | every second or fourth car will be stopped. |
| investigation (2) the discretion that on the | | | | Furthermore, the roadblock must be published |
| scene officers were allowed. In the Florida | | | | in some public forum. You have probably seen |
| case of State v. Jones, 483 So. 2d 433 (1986) | | | | the little blurbs in your local paper |
| the Florida Supreme Court stated that the | | | | advertising a coming roadblock on a Friday |
| factors to be considered in determining the | | | | night at a certain location. This is so you |
| validity of a roadblock include (1)Â the | | | | can say to your self I will avoid that area |
| drgree of discretion left to the field | | | | because I have other things to do and I do |
| officers (2) the location, time and duration | | | | not wish to be caught up! Yeah great, I am of |
| of the roadblock (3) the standrards set by | | | | the opinion that it probably would not change |
| superior officers (4) the advance notice to | | | | a whole lot if there publication requirement |
| the public (5) warning to approaching | | | | was eliminated! Do you really think that a |
| motorists (6) the availability of less | | | | driver who has had a few is going to remember |
| intrusive methods for conmbatting the problem | | | | the article even if he did read it. |
| (7) the effectiveness of the procedure. | | | | |
| | | | Should you wish to discuss your D.U.I. |
| The Florida Court also stated that it was | | | | arrest, or life the universe and everything |
| important that all seizures be based on | | | | please feel free to call me. A quick reminder |
| specific evidence of an existing violation | | | | to avoid the hassle simply do not drink and |
| (2) a showing that reasonable legislative | | | | drive! |
| standrds are met and (3) that the field | | | | |
| officers carried out the search according to | | | | Â |
| a written plan. So what does it all mean you | | | | |
| ask? | | | | Copyright 2008, Timothy C. |