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  1. #1
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    Feb 2010
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    Default Are Police Roadside Check Points Legal

    My question involves Police Roadside Check Points from any state:


    Didn't the SCOTUS rule on police check points, that is, not being able to stop drivers just to check their DL's? I thought there was "supposed" to be some probable cause or objective violation to initiate a information gathering vehiclular stop.....

  2. #2
    Join Date
    Jan 2006
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    Default Re: Police Roadside Check Points

    I would have to look but I believe scotus ruled DUI checkpoints legal. I believe they also ruled checkpoints when there is reason such as a recent bank robbery in the area and they are attempting to ascertain information also legal.

    are you saying they set up a checkpoint for no other reason than to check DL's?

  3. #3
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    Default Re: Police Roadside Check Points

    In Delaware v. Prouse, the court indeed said that stopping cars without cause solely for the purpose of checking for licenses is invalid.
    However, in MICHIGAN DEPARTMENT OF STATE POLICE v. SITZ (and others) they've upheld the violation of the 4th amendment (with some dissention) when there's compelling public reason for the stop such as checking for drunk drivers.

    So yes, they can stop cars in a discretion neutral way (i.e., they stop everyone, or every third car, or whatever), to check for signs of intoxication. Of course, in the course of this they can ask for your license (and cite you if you are not).

    What hasn't been specifically decided is whether such checkpoints for "security" purposes (such as on the approaches to NY bridges) falls under the acceptable compelling reasons. My guess from reading Sitz is that there's a good chance that it could be.

    Do you have a specific issue?

  4. #4
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    Default Re: Police Roadside Check Points

    Quote Quoting flyingron
    View Post
    In Delaware v. Prouse, the court indeed said that stopping cars without cause solely for the purpose of checking for licenses is invalid.
    However, in MICHIGAN DEPARTMENT OF STATE POLICE v. SITZ (and others) they've upheld the violation of the 4th amendment (with some dissention) when there's compelling public reason for the stop such as checking for drunk drivers.

    So yes, they can stop cars in a discretion neutral way (i.e., they stop everyone, or every third car, or whatever), to check for signs of intoxication. Of course, in the course of this they can ask for your license (and cite you if you are not).

    What hasn't been specifically decided is whether such checkpoints for "security" purposes (such as on the approaches to NY bridges) falls under the acceptable compelling reasons. My guess from reading Sitz is that there's a good chance that it could be.

    Do you have a specific issue?

    After looking for awhile I did come across that MI SSC ruling stating the MI State Constitution took precedence over the SCOTUS ruling (IN MI)...

    This is the story from down in Florida I came across, looks to me the county sheriff is setting up road blocks to check everyone's DL.....seems like an invasion to me to stop everyone and demand to see your license, I'm coming from the premise the police needed some type of "reasonable " suspicion or an observed infraction, it's almost akin to the police knocking on your front door and asking for proof of homeownership

    http://www.tcpalm.com/news/2012/feb/...doing-traffic/

  5. #5
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    Default Re: Police Roadside Check Points

    After looking for awhile I did come across that MI SSC ruling stating the MI State Constitution took precedence over the SCOTUS ruling (IN MI)...
    Say what? What decision is that.
    This is the story from down in Florida I came across, looks to me the county sheriff is setting up road blocks to check everyone's DL...
    Looking for illegals? Sounds like it probably doesn't meet the compelling jusitification.

  6. #6
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    Default Re: Police Roadside Check Points

    Quote Quoting flyingron
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    Say what? What decision is that.
    Looking for illegals? Sounds like it probably doesn't meet the compelling jusitification.
    Sitz vs Michigan.....

    I didn't think they could stop everyone

  7. #7
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    Default Re: Police Roadside Check Points

    I'm still not seeing it. First off, the Michigan Supreme Court didn't even hear this case. They declined to hear it and the State Police went to SCOTUS. Further, even the lower courts that heard it in Michigan did it solely on US Constitutional issues and didn't rule as to whether any of the Michigan Constitution had any bearing or not.

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