Border Patrol Agents Utilizing Customs and Border Protection Checkpoints Today
Lidster, a 2004 opinion, when police had established a roadblock to try to locate a dangerous felon on the loose, and a DUI driver just happened to be detected, this roadblock stop was legal.
The United States Supreme Court reversed the state court's ruling to scanning drivers for drug usage, which is routinely done in some European countries that lack a 4th Amendment.
of State Police v.Sitz case to ding the same type of interdiction for drugs. Edmond, police in Indiana decided to try to extend the holding in the Michigan Dept. In the 2000 case of City of Indianapolis v. The US Supreme Court has acted to disapprove certain other types of random, mobile checkpoints. So, you can be detained, but not for long and only for these limited “exceptions.” In a split decision, the majority decided that public highway safety and the then-existing high number of DUI-related deaths justified a brief intrusion for checking all drivers for sobriety and use of proper safety equipment and roadblocks set up for these limited purposes. Our nation's highest court ruled in 1990 that the Fourth Amendment's protections against warrantless searches and seizures needed an EXCEPTION for drunken drivers.
Our law firm's Mississippi DUI Laws book, Mississippi DUI: Law and Practice, section 4:7, states it this way: “So long as the roadblock is LEGALLY established and operated under strict, established guidelines that assure no discrimination or profiling has occurred.” Plus, Senior Partner Victor Carmody wrote the book on criminal law forms in Mississippi.
In multiple cases, the appellate courts in Mississippi have upheld various “purposes” for Mississippi checkpoint stops. This article is intended to inform you of your DUI checkpoint rights. Sitz), to curtail the legality of warrantless police roadblock screenings in search of drunk drivers. Roadblocks are not legal is about a dozen states, but Mississippi legislators have made no effort to alter state law in the past 30 years (since Michigan v. The sight of a DUI checkpoint on the roadway upon which you are traveling can quickly sober up a drinking driver.