NCJ Number
115921
Journal
Journal of Police Science and Administration Volume: 16 Issue: 2 Dated: (June 1988) Pages: 84-90
Date Published
1988
Length
7 pages
Annotation
This article reviews recent U.S. Supreme Court and State precedents regarding the use of sobriety checkpoints by police.
Abstract
While there is no unanimous authority on the validity of sobriety checkpoints, there has been concern about their effects on civil liberties. Based on the general thrust of State authority to date and the guidance provided in related U.S. Supreme Court decisions, it appears checkpoints are valid if administered according to constitutionally mandated procedures. Proper administration demands the establishment of an explicit plan that ensures that one's reasonable expectation of privacy is not subject to arbitrary invasion at the discretion of the officer in the field. The plan and its administration must result in only minimal subjective and objective intrusion on the traveling public. Development of a plan and procedures will require gauging the attitudes of local judges and prosecutors. Local law and court decisions also must be considered, and officers must be well trained in the law and its administration. 7 endnotes, and 35 references.