ROADSIDE SOBRIETY CHECKPOINTS: A SYNOPSIS OF CURRENT CASE LAW

Court challenges of roadside sobriety checkpoints are synopsized. Five out of a total of 12 cases found that the checkpoints conducted lacked one or more of the procedural safeguards. It was the methods used in the conduct of the checkpoint upon which adverse decisions were based. The cases show that the police officer's discretion at the location of the checkpoint was a primary concern. Four basic issues are identified in sobriety checkpoint cases: the need for checkpoints for detecting drunk drivers, deterring others, and reducing alcohol-related crashes; the manner in which the checkpoint is conducted; the discretion and supervision of field officers; and the effectiveness of such checkpoints. The critical steps in operational planning of checkpoints are discussed: detailed site planning based on accident data; the collection of detailed, reliable data on alcohol-related offenses and crashes in that location and jurisdiction; checkpoints should be planned with the advice of the prosecutor; and there must be evidence of effectiveness.

• Corporate Authors:

  International Association of Chiefs of Police

  11 Firstfield Road
  Gaithersburg, MD  United States  20760
• Authors:
  • Stone, R F
• Publication Date: 1985-7

Media Info

• Pagination: p. 61-63
• Serial:
  • POLICE CHIEF
  • Volume: 52
  • Issue Number: 7

Subject/Index Terms

• TRT Terms: Alcohol tests; Courts; Data collection; Drunk drivers; Drunk driving; Laws; Measures of effectiveness; Planning; Police; Police powers; Prevention; Safety; Sobriety checkpoints; Supervision
• Uncontrolled Terms: Effectiveness
• Old TRIS Terms: Discretionary powers
• Subject Areas: Law; Planning and Forecasting; Safety and Human Factors; Security and Emergencies;

Filing Info

• Accession Number: 00451802
• Record Type: Publication
• Source Agency: National Highway Traffic Safety Administration
• Report/Paper Numbers: HS-039 079
• Files: HSL, USDOT
• Created Date: Dec 31 1985 12:00AM