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State v. Mazurek12/8/1989
purpose of the site was to apprehend drunken drivers. The first sobriety roadblock was established on January 19, 1985 at Broad Street and Highway 34. Nine sobriety roadblocks were operated at this site between January 19, 1985 and June 18, 1988 for approximately four hours each time. Not every vehicle was stopped, but they were stopped in accordance with a predetermined pattern at a given time. Defendant was stopped at this roadblock on June 18, 1988 at approximately 1:00 a.m. Based on the consequent discovery of his intoxicated condition, he was arrested for driving while intoxicated. A breathalyzer test was administered which revealed a blood alcohol level of .12%.
The Law Division judge denied the motion to suppress. He found that the roadblock site was justifiably based on "reasons of public safety and reasonably efficacious or productive of law enforcement goals." The judge viewed law enforcement goals not only to include apprehending drunk drivers, "but also to [ensure] that the public is aware that these roadblocks are going to be out there and hopefully . . . act as a deterrent."
On this appeal, defendant argues that the sobriety checkpoint selected is unconstitutional because it was not justified by empirical data showing that the public's safety warrants the checkpoint. The State counters by urging that the data supported the need to heighten public awareness and increase public safety.
Stopping an automobile and detaining its occupants constitute a seizure within the meaning of the Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution. Delaware v. Prouse, 440 U.S. 648, 653, 99 S. Ct. 1391, 1395, 59 L. Ed. 2d 660, 667 (1979); State v. Barcia, 235 N.J. Super. 311, 316 (App.Div.1989); State v. Kirk, 202 N.J. Super. 28, 38 (App.Div.1985). Although the
police need not obtain a warrant to set up a roadblock, a defendant is free to challenge the validity of the decision as to when and where it should be operated. State v. Kirk, 202 N.J. Super. at 44. See generally Simmons v. Commonwealth, 238 Va. 200, 380 S.E. 2d 656 (1989). Because the roadblock is a warrantless seizure, and as such is presumed to be invalid, the State has the burden of proving its overall reasonableness and validity. State v. Valencia, 93 N.J. 126, 133 (1983); State v. Kirk, 202 N.J. Super. at 55. To be constitutionally valid, the roadblock must be conducted in a manner "calculated in advance to provide the least possible intrusion into the public's freedom and sense of security." State ex rel. Ekstrom v. Justice Court, 136 Ariz. 1, 10, 663 P. 2d 992, 1001 (1983) (Feldman, J., concurring); State v. Kirk, 202 N.J. Super. at 53.
In Kirk, we established the following general guidelines for determining the validity of a roadblock:
If the road block was established by a command or supervisory authority and was carefully targeted to a designated area at a specified time and place based on data justifying the site selection for reasons of public safety and reasonably efficacious or productive law enforcement goals, the road block will likely pass constitutional muster. Other factors which enhanced judicial approval were (1) adequate warnings to avoid frightening the traveling public, (2) advance general publicity designed to deter drunken drivers from getting in cars in the first place, and (3) officially specified neutral and courteous procedures for the intercepting officers to follow when stopping drivers. [ State v. Kirk, 202 N.J. Super.
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