 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Bates6/27/1995
consideration in determining whether a roadblock is reasonable. . In determining the reasonableness of a roadblock, all the factors must be considered, and none is dispositive but the role of supervisory personnel and the restrictions on discretion of field officers. See . The question is whether, on balance, the roadblock has been set up so as "to ensure that an individual's reasonable expectation of privacy is not subject to arbitrary invasions solely at the unfettered discretion of officers in the field." Id.
The roadblock in this case was approved by three supervisory personnel. It was to occur on a Friday night of a holiday weekend. We do not believe that Offner needed to present his superiors with specific studies showing that more people drink and drive on a Friday night, in particular, a Friday night that begins a long weekend. See . The roadblock was set up to begin at 11:00 p.m. and end at 3:00 a.m., an hour after bars close. This is a reasonable time to check for drunk drivers and is not likely to create undue traffic congestion.
Offner chose the location of the roadblock based on a traffic analysis that showed a number of alcohol-related accidents in that vicinity. There was no indication of an intent to stop and search a particular group of people.
Supervisors ordered the officers operating the checkpoint to stop every vehicle and ask each driver the same questions. The officers were to limit their initial contact with a given driver to one minute. If traffic became congested, the officers were to allow all traffic to flow for up to five minutes to relieve the congestion. The officers set up the roadblock with indicia of its official nature. They appropriately placed warning signs ahead of the roadblock, and the roadblock was visible from four-tenths of a mile away. There was a separate, lighted area for secondary investigation.
Finally, there was advance publicity. Defendant argues that the publicity either did not give any location of the roadblock or it gave an incorrect location. Offner testified that when he obtained approval for the roadblock, he gave notice to the public information officer. That notice stated the exact location of the roadblock along with its location in the southeast quadrant of the police command. The public apparently received information that the roadblock would be in the southeast quadrant of the city or that there would simply be stepped-up enforcement of DWI laws. Whether or not there is advance publicity is not dispositive of the reasonableness of a DWI roadblock.
Conclusion
The facts presented in this case were legally sufficient to show the reasonableness of the roadblock under both the New Mexico and United States Constitutions. Therefore, we affirm the trial court's determination that the roadblock was reasonable, and we affirm Defendant's conviction.
IT IS SO ORDERED.
|