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State v. Madalena9/19/1995
FLORES, Judge.
1. Defendant was convicted of driving while intoxicated (DWI) after being stopped at a sobriety checkpoint, also known as a DWI roadblock, conducted by the Albuquerque Police Department (APD). Defendant appeals on the basis that the roadblock was an unconstitutional search and seizure under Article II, Sections 4 and 10 of the New Mexico Constitution, which Defendant contends provide greater protection than the Fourth Amendment to the United States Constitution. We hold that the roadblock was a reasonable search and seizure under the New Mexico Constitution and affirm Defendant's conviction.
BACKGROUND
2. On January 21, 1994, the APD set up a sobriety checkpoint on Central Avenue, SE, which was conducted between the hours of 12:00 a.m. and 3:00 a.m. on January 22, 1994. The location of the roadblock was chosen by reference statistics concerning alcohol-related accidents and fatalities in the area. The purpose of the roadblock was to enforce the DWI laws and deter persons from driving while intoxicated.
3. Sergeant Anne Avend-t, Tactical Supervisor for the DWI Unit of the APD, requested and received authority from superior officers, including the lieutenant, the captain, and the deputy chief of police to conduct the roadblock. Prior to commencing the roadblock, officers attended a briefing session from 11:00 p.m. to 12:00 a.m. Officers were instructed to stop each motorist traveling westbound on Central Avenue who approached the stop sign. Officers were further instructed to say the same thing to each driver, including: "Good evening, I'm Officer This is an Albuquerque Police Department sobriety checkpoint. How are you?" The officer would then hand the driver a piece of literature on the law. If the officer smelled alcohol on the driver's breath, noticed bloodshot, watery eyes, slurred speech, or the presence of an open container of alcohol, then the driver would be instructed to proceed to the inspection area.
4. Safety features were employed at the checkpoint site including a safe-stopping distance before entering the checkpoint area, a safety zone where drivers could go for further investigation, two separate field sobriety test areas, and an area for the Batmobile (APD's mobile breath-alcohol testing unit). There were six police cars with their lights flashing parked at the checkpoint site. Orange pylons separated the police cars from the area where motorists came to a stop at the special stop signs. The police officers working the roadblock wore APD uniforms, badges and reflectorized traffic vests. Additional portable lighting was provided for the test areas.
5. To minimize the intrusion on motorists, Sergeant Avend-t instructed the contact officers that no driver should wait in line for more than four minutes and that no driver should be delayed at the stop sign for more than one minute. If these limits were exceeded, Sergeant Avend-t ordered that the stop signs be reversed and that traffic be allowed to proceed uninhibited. Nevertheless, it did not become necessary to utilize this procedure during the roadblock in question. If directed to complete field sobriety testing, motorists could be detained for up to five minutes.
6. Prior to the roadblock, Sergeant Avend-t arranged for publicity by contacting the Albuquerque Journal, Albuquerque Tribune, and Associated Press news desks and providing them with a press release. Sergeant Avend-t also provided the APD's public information officer with a press release. Further, two local television stations videotaped the roadblock.
7. Defendant approached the roadblock in the early morning hours of January 22, 1994. Officer Hernandez detected a stron
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