Suspicionless Sobriety Checkpoints: A growing threat to individual liberty |
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One of the most ubiquitous forms of suspicionless checkpoints is the sobriety checkpoint. Many folks are under the false impression that sobriety checkpoints are legal throughout the country based upon Michigan Dept. of State Police V. Sitz. While the Supreme Court did in fact carve out a 4th Amendment exception for sobriety checkpoints in this case, legal analysis doesn't stop there. Before a sobriety checkpoint can be considered 'legal', it must not only pass constitutional muster at the federal level, it must do so at the state level as well while abiding by all applicable statutory requirements. What this means is that 11 states currently prohibit sobriety checkpoints within their boundaries. In the remaining 39 States, one or more of the following conditions exist:
What's especially ironic about this scenario is that even though it was a Michigan case that gave rise to the 4th amendment loophole to begin with, Michigan is still one of the 11 State's that explicitly prohibit sobriety checkpoints within its boundaries. After SCOTUS ruled in favor of Michigan's State police regarding their roadblock program, the case was remanded back to the Michigan Supreme Court for further review. The Michigan Supreme Court felt so strongly about the issue, they ruled that regardless of the federal Supreme Court's ruling, the State Constitution still made such roadblock programs illegal within Michigan's boundaries. In Arizona, there's no state law explicitly addressing the issue of sobriety checkpoints. There are state statutes however that explicitly define when a peace officer may stop an individual. These statutes make it perfectly clear that a peace officer must have reasonable suspicion in order to initiate a stop. Further, the state constitution explicitly recognizes an individual's right to privacy that can only be pre-empted by an explicit act of the legislature. Nonetheless, AZ courts have upheld the legality of sobriety checkpoints mainly based upon SCOTUS's ruling in Michigan V. Sitz. Additionally, AZ courts have relied upon the 'compelling government interest' doctrine, a doctrine commonly used by courts across the country as a basis for justifying otherwise unlawful government behavior prejudicial to individual rights. One of the purposes of this website is to shine a spotlight on legal issues surrounding sobriety checkpoints in general and expose common misperceptions used as justification to continue existing sobriety checkpoint operations. Please feel free to explore the articles, commentaries, and documentation appearing below. |
Pima County Sheriff Dept. Checkpoint Program: |
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Continuing on with an ineffective sobriety checkpoint program designed to intimidate Pima County residents instead of protecting them, the Pima County Sheriff's Department has scheduled additional suspicionless checkpoints in and around Tucson, Arizona for the remainder of 2007. These operations are paid for in full by the National Highway Traffic Safety Administration and therefore the program falls outside local budget priorities or constraints. Additionally, sheriff deputies participating in these blatant violations of your traveling rights are paid overtime and have benefited to the tune of $140,000 in overtime pay over the past two years. These facts raise the question of who the sheriff is actually serving - faceless bureaucrats two-thousand plus miles away in Washington, D.C. or local communities.. The next few scheduled roadblock appear below followed by the results of recently conducted roadblocks.
For an analysis of the Pima County Sheriff Department's sobriety checkpoint program, this article can be referenced. Locations of upcoming roadblocks are not posted because the sheriff's department refuses to release this information prior to conducting checkpoint operations. What's also of interest is that the Sheriff's Dept. doesn't release information regarding the number of successful prosecutions associated with checkpoint DUI arrests. The Arizona Daily Star recently researched this issue and discovered that out of 280+ arrests, only 75 successful prosecutions have been made. The remaining cases have been dismissed due to constitutional issues, lack of evidence, shoddy police work, etc. Additionally, while no such cases have been reported in Pima County yet, several police officers from around the country have been arrested in recent years for faking DUI evidence and wrongly arresting unimpaired drivers in order to boost their arrest rate. The latest PCSD checkpoint statistics are available here and PCSD checkpoint guidelines are available here. |
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