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