 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
City of Las Cruces v. Betancourt3/5/1987
her the roadblock is set up in such a way so as to put the motoring public and officers in unnecessary peril.
4. Reasonable location.
The location of the roadblock is significant in determining the degree of intrusiveness and safety of the public and police. Ingersoll. It will also impact on the deterrent effect of the sobriety roadblock and its detection value. Obviously, a location chosen with the actual intent of stopping and searching only a particular group of people, i.e., Hispanics, blacks, etc., would not be tolerated.
5. Time and duration.
This factor also bears on the intrusiveness and effectiveness of the roadblock. Ingersoll. Reasonableness is the standard. For example, sobriety checkpoints established during the late evening hours on a weekend may be reasonable to detect drunk drivers, while continuing the roadblock through Monday morning during rush hour might not be reasonable.
6. Indicia of official nature of the roadblock.
The official nature of the roadblock should be immediately apparent. Officers in the field should be uniformed; police cars should be marked; and warning or stop signs, flares and pylons are advisable. The roadblock scene should strike an appropriate balance to provide for high visibility at the roadblock, yet minimize the potential fear and apprehension to the public. In addition to being important for safety reasons, these indicia will reassure motorists that the stop is duly authorized. Ingersoll.
7. Length and nature of detention.
The average length of time that a motorist is detained at the roadblock and the degree of intrusiveness should be minimized. This will avoid lengthy delays and traffic congestion. Initially, motorists should be detained only long enough to be informed of the purpose of the stop and to look into the vehicle for signs of intoxication. Where facts within the observation of the officer warrant further investigation, the suspected motorist should be asked to pull into a separate testing area so as not to unreasonably inhibit the flow of traffic.
8. Advance publicity.
The deterrence value of any roadblock and its reasonableness for sobriety checks will be enhanced if given widespread advance publicity. Ingersoll; Commonwealth v. McGeoghegan, 389 Mass. 137, 449 N.E.2d 349 (1983).
Considering and balancing the interest involved, we hold that sobriety roadblocks conducted in accordance with guidelines approximating those we have numerated are permissible under the fourth amendment to the United States Constitution.
ISSUE NO. 2
The question now is whether the roadblock in question passes constitutional muster. Although an analysis of the constitutionality of the roadblock in this case is problematic because the city attorney was operating under the misapprehension that defendants had the burden of proving the illegality of the roadblock, a number of important facts were stipulated to at the
beginning of trial. The stipulated facts were that: 1) the roadblock was implemented by supervisory personnel of the Las Cruces Police Department; 2) there were flares in the vicinity, a stop sign was used and the area was well lighted; 3) a marked patrol car and a BATmobile were present; 4) flares and pylons were used so that cars were funneled into one lane; 5) officers wore reflective vests and carried flashlights to stop approaching motorists; 6) the roadblock was designed to make the detentions as brief as possible; 7) advance notice was given to a radio station for public release; and 8) a diagram of the location, showing the meth
Page 1 2 3 4 5 New Mexico DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|