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State v. Bates6/27/1995
Defendant appeals his conviction for driving while intoxicated (DWI). He contends that the roadblock at which he was detained violated prohibitions of both the New Mexico and the United States Constitutions against unreasonable searches and seizures. We hold that the roadblock was not an unreasonable search and seizure and, therefore, affirm.
Facts
Approximately two weeks before the Fourth of July weekend in 1993, Sergeant Karl Offner of the Albuquerque Police Department requested authorization from his superiors to set up a DWI checkpoint. Offner presented the proposal to his superiors explaining his purpose in establishing the roadblock and his reasons for choosing the proposed location. Offner noted that he had been told by the deputy police chief that a checkpoint was needed and Offner had been requested to make a proposal for one. Since the primary purpose for DWI roadblocks is to deter drunk driving , Offner based the particular location of the checkpoint on traffic studies showing a number of alcohol-related accidents in the vicinity. Offner's request was approved by his lieutenant, captain, and the deputy chief of police on June 25, 1993.
Police officers set up the roadblock at the intersection of Eubank Boulevard and Chico Street in Albuquerque to stop southbound traffic on Eubank. They planned to maintain the roadblock from 11:00 p.m. on Friday, July 2, 1993, until 3:00 a.m. on July 3, 1993. The checkpoint involved Batmobiles, a large transport van, and a series of warning signs. It also included marked Albuquerque police cars as well as signs indicating an "APD checkpoint." There was a lighted area set aside for field sobriety testing. The checkpoint was visible to oncoming traffic from four-tenths of a mile away. Those who wanted to avoid the checkpoint could go through a Burger King parking lot and exit onto Copper Avenue.
The officers at the scene wore APD uniforms, badges, and fluorescent jackets with "Police" written on them. The officers were instructed to stop every vehicle and treat each driver in the same manner, asking for the driver's license, registration, and proof of insurance. Supervisors told the officers to limit the initial contact with a driver to one minute. If, at any time, vehicles had to wait longer than four minutes, the officers were told to allow all traffic to proceed through the roadblock for five minutes or until the backup cleared. However, no backup ever occurred necessitating such a procedure.
After the checkpoint was approved, Offner sent a news release advising the media of the checkpoint. The release identified the location of the checkpoint, even though routine media practice, at APD's request, is for the media not to inform the public of the exact location of a checkpoint. Some of the media erroneously reported that the checkpoint would be located in the southeast quadrant of the city, while others simply stated that there would be stepped-up DWI checkpoints and other efforts to deter drunk driving during the holiday weekend.
Discussion
I. DWI Roadblocks Do Not Require a Warrant
Relying on , and , Defendant argues that the New Mexico Constitution, Article II, Section 10 (Repl. Pamp. 1992), and current case law interpreting our constitution require that a roadblock be supported by a search warrant. We do not believe that either Gutierrez or Campos requires us to change our case law regarding DWI roadblocks. That law is governed by ), cert. denied , 105 N.M. 618, 735 P.2d 535(1987). See also ), cert. denied , 111 N.M. 416, 806 P.2d 65 (1991). Betancourt held that a DWI roadblock, at which drivers are stopped without probabl
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