Legal Questions

Is it legal for law enforcement to use a roadblock to snare impaired drivers in Palm Beach County, Florida? You betcha!.

In Michigan v. Sitz, 496 U.S. 49 (1979) the United States Supreme Court set forth the following factors in considering whether a roadblock is constitutional.: (1) the duration of the stop and the intensity of the investigation (2) the discretion that on the scene officers were allowed. In the Florida case of State v. Jones, 483 So. 2d 433 (1986) the Florida Supreme Court stated that the factors to be considered in determining the validity of a roadblock include (1)  the drgree of discretion left to the field officers (2) the location, time and duration of the roadblock (3) the standrards set by superior officers (4) the advance notice to the public (5) warning to approaching motorists (6) the availability of less intrusive methods for conmbatting the problem (7) the effectiveness of the procedure.

The Florida Court also stated that it was important that all seizures be based on specific evidence of an existing violation (2) a showing that reasonable legislative standrds are met and (3) that the field officers carried out the search according to a written plan. So what does it all mean you ask?

It means that in order to conduct a roadblock law enforcement must have written guidelines. These guidelines must be written by superior officers and the guidelines govern the methods of the field officers. The guidelines are to state whether every car ( actually every car would not fly with the court) or every second or fourth car will be stopped. Furthermore, the roadblock must be published in some public forum. You have probably seen the little blurbs in your local paper advertising a coming roadblock on a Friday night at a certain location. This is so you can say to your self I will avoid that area because I have other things to do and I do not wish to be caught up! Yeah great, I am of the opinion that it probably would not change a whole lot if there publication requirement was eliminated! Do you really think that a driver who has had a few is going to remember the article even if he did read it.

Should you wish to discuss your D.U.I. arrest, or life the universe and everything please feel free to call me. A quick reminder to avoid the hassle simply do not drink and drive!

Copyright 2008, Timothy C. Foster, all rights reserved