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State v. Mazurek12/8/1989
e drivers stopped who were intoxicated at the checkpoint between 1985 and June 18, 1988, and even the .27% stopped prior to June 17, 1988, was substantially higher than the .12% of the drivers stopped at a checkpoint who were transporting illegal aliens in Martinez-Fuerte, 428 U.S. at 554, 96 S. Ct. at 3081, 49 L. Ed. 2d at 1126. We conclude, as did the Court in Martinez-Fuerte, that the "need for this enforcement technique is demonstrated by the records . . . ." Id. at 562, 96 S. Ct. at 3085, 49 L. Ed. 2d at 1131.
It is by no means surprising that the concentrated efforts involved in the investigation of possibly drunken drivers at reasonably selected checkpoints produce better results than customary police practices in which drunken drivers are detected fortuitously. The data presented in the present case would seem to support the conclusion reached in Commonwealth v. McGeoghegan, 389 Mass. 137, 143-144, 449 N.E. 2d 349, 353 (1983), that roadblocks "may achieve a degree of law enforcement and highway safety that is not reasonably attainable by less intrusive means." See also Commonwealth v. Shields, 402 Mass. 162, 521 N.E. 2d 987 (1988) (holding that the State need not establish that less intrusive measures are ineffective
before resorting to roadblocks). A similar view was expressed in State v. Superior Court, 143 Ariz. 45, 691 P. 2d 1073 (1984) and in State ex rel. Ekstrom v. Justice Court, 136 Ariz. 1, 663 P. 2d 992 (1983). See also 4 LaFave, Search & Seizure, § 10.8(d) at 69, 72 (2d ed. 1987).
We are aware that Chief Paduano testified that the checkpoint was "pitifully unproductive" and that his view is shared by some other police officials nationally. See Sitz v. Department of State Police, 170 Mich.App. 433, 440-443, 429 N.W. 2d 180, 183-184 (1988), cert. granted sub nom. Michigan Dept. of State Police v. Sitz, 493 U.S. 806, 110 S. Ct. 46, 107 L. Ed. 2d 15 (1989) (holding that checkpoints are not an effective means for apprehending intoxicated drivers). Notwithstanding Chief Paduano's opinion, the data convinces us that the balancing test required by Brown v. Texas, 443 U.S. 47, 99 S. Ct. 2637, 61 L. Ed. 2d 357 (1979), was satisfied in that the checkpoint advanced the public interest to a much greater degree than could be achieved through traditional less intrusive police procedures. Hence, we conclude that a rational basis existed for the site selection and that it was reasonably efficacious. See State v. Kirk, 202 N.J. Super. at 48, 56. See also State v. Egan, 213 N.J. Super. 133, 136 (App.Div.1986).
We therefore hold that the warrantless stopping of defendant's vehicle that led to the discovery of his intoxicated condition was reasonable under the Fourth Amendment of the United States Constitution and Article I, paragraph 7 of the New Jersey Constitution. Because the State sustained the burden of proving the validity of the seizure, the order dated January 26, 1989 denying the motion to suppress is affirmed. Defendant having entered his guilty plea pursuant to R. 3:5-7(d), the judgment of conviction is affirmed.
Affirmed.
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