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Laws Proposed to Regulate Police Abuse of DUI Roadblocks

Posted by Lawrence Taylor on May 26th, 2011

As readers of this blog know, DUI roadblocks (or to use the more politically correct term, “sobriety checkpoints”) were found by the U.S. Supreme Court in a 5-4 decision to be constitutionally permissible.  See Are DUI Roadblocks Unconstitutional?  Although Chief Justice Rehnquist admitted that it was a violation of citizens’ Fourth Amendment rights, he said it was simply a “minor intrusion” and outweighed by government’s interest in reducing drunk driving anlong with sr22 insurance or dui insurance requirements.  However, the Court said, the “checkpoints” could only be used to detect and apprehend drunk drivers; cheap sr22 insurance they said also, they could not be used as a pretext for any other purpose.  This was later confirmed by the Court in City of Indianapolis v. Edmond, where roadblocks were being used to find drugs~ sponsored by sr22 insurance quotes.

Despite the Edmond decision, local governments and law enforcement have increasingly set up roadblocks on the pretext of apprehending drunk drivers — but in reality using them as a lucrative revenue source to give citations and impound cars.  It is common to see “sobriety checkpoints” today which result in perhaps 1 or 2 DUI arrests — and 100 citations and impounds for lack of driver’s licenses, car registration, equipment violations, etc.  See, for example, DUI Roadblocks for Fun and Profit and The New “Highway Robbery”: Money-Making DUI Roadblocks Growing.

However, some citizens are beginning to object to this abuse of authority…

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Written by sr22401

May 27, 2011 at 10:49 pm

Posted in Uncategorized