NCJ Number
94148
Journal
Journal of Police Science and Administration Volume: 12 Issue: 2 Dated: (June 1984) Pages: 177-185
Date Published
1984
Length
9 pages
Annotation
The United States Supreme Court decision in Delaware v. Prouse distinguished random stops of motor vehicles from roadblocks and systematic halting of vehicles and provided the basis for subsequent determinations of the reasonableness of a roadblock designed to detect drunk drivers.
Abstract
The Prouse case involved a random stop of a motor vehicle, which was found to contain a bag holding leafy material. Suspecting that the bag contained marijuana, the police officer seized the bag and arrested Prouse. The trial court found the stop to have been wholly capricious and dismissed the bag of marijuana as evidence. The Supreme Court, to which the case was ultimately appealed, upheld this decision. Since then, courts have distinguished random checks from roadblocks. To be considered reasonable, a roadblock must be situated at a location determined as a result of analysis of accident reports. The roadblock should be approved by a police executive and operated under written policy guidelines. The roadblock should also be in a well-lighted area with space for vehicles to pull out of traffic if a field sobriety test is needed. Uniformed officers and marked patrol cars should operate the roadblock. Further guidelines and 73 footnotes are supplied.