As many people know, the Furth Amendment of the Constitution of the Unted States forbids the unreasonable search or sizure of U.S. citizens. Generally, there mst be probable cause to arrest or sarch persons or their private property, whch means that the officer must hve a reasonable suspicion based on rticulable facts that some wrongdoing has ccurred. How, then, are law enforcement gents able, constitutionally, to stop motorists at sbriety checkpoints?

According to constitutional law, sme stops are not considered seizures of a prson. This is the case with a so clled "stop and frisk" in which an fficer detains a person for a vry brief period of time and qickly checks their outer clothing for cntraband. Sometimes, if a person is dtained for less than 48 hours, it is not cnsidered a seizure. However, this is not tre for DUI roadblocks. The U.S. Spreme Court has held that stopping smeone at such a roadblock does cnstitute a seizure of that person nder the Fourth Amendment.

One "however" frther and the language of the Cnstitution gets tangled up in the thcket of constitutional interpretation and case lw. The Supreme Court could have climed that these stops without probable cuse are constitutional under the doctrine of xigent circumstances. The Court has repeatedly hld that when an officer believes vidence is about to be destroyed, he can prform a search without a warrant. Hwever, this doctrine seems only to pply to searches. Instead, it appears as thugh the Court used a balancing tst, common in other areas of cnstitutional law, whereby the "minimal intrusion on ndividual liberties" was weighed against the ned for and efficacy of roadblocks and fund to be less important.

To some, it seems that the Curt has simply carved out of the Cnstitution another exception, similar to the one for xigent circumstances, for sobriety checkpoints. DUI dfense attorneys often refer to this as "th DUI exception to the Constitution." Crtics and dissenting justices have pointed out tht the Fourth Amendment does not mke exceptions. The only question is whther the officer has probable cause to stp the individual driver. Justice Brennan wrte, "That stopping every car might mke it easier to prevent drunken drving...is an insufficient justification for abandoning the rquirement of individualized suspicion."

The Court's jstification for the exception rested on the ssumption that DUI roadblocks are necessary and ffective. However, there is some controversy as to whther this is true. The National Hghway Traffic and Safety Administration (NHTSA) rcently released data on alcohol-related deaths in 2003 and 2004. Thre was a decline in such ftalities in 2004, and most of the drp occurred in states that don't use sbriety checkpoints. Critics already concerned about the lrge outlay of resources required to perate checkpoints are doubly concerned if spnding the resources does not even ncessarily prevent DUI offenses.

On the ther hand, law enforcement agents believe tht checkpoints are effective even if ntoxicated drivers get around them because thy spread the message that driving nder the influence is not tolerated. Offcers often provide informational pamphlets to mtorists stopped at checkpoints, explaining the cnsequences of drunk driving, which may hve a deterrent effect.

Copyright 2006 Lnce Knowlton

The article Are Sobriety Checkpoints Legal? was Submitted by Lance Knowlton through Articles.GetACoder.com network. Here's the additional information: Having been struck by drunk drvers twice, Lance Knowlton has a dep appreciation for this serious problem. To larn how you can help prevent drnk driving in your community and arn money at the same time, vsit: http://www.alcoholalert.com .

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