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State v. Sprague2/21/2003
ria:
**554 In addressing the constitutionality of a particular DUI roadblock, the trial court should review the roadblock's characteristics so that when it balances the degree to which the *141 roadblock serves the public interest against the degree to which it intrudes upon an individual's privacy, it will be better able to analyze which criteria it must consider and how much weight it should give to each one in deciding whether a roadblock has sustained all Fourth Amendment challenges. As a general rule, a DUI roadblock will pass constitutional muster if: (1) the initial stop and the contact between the officers in the field and the motorist involves an explanation of the nature of the roadblock and minimal detention of a nonimpaired driver; (2) the discretion of the officers in the field, as to the method to be utilized in selecting vehicles to be stopped, is carefully circumscribed by clear objective guidelines established by a high level administrative official; (3) the guidelines are followed in the operation of the roadblock; (4) approaching drivers are given adequate warning that there is a roadblock ahead; (5) the likelihood of apprehension, fear or surprise is dispelled by a visible display of legitimate police authority at the roadblock; and (6) vehicles are stopped on a systematic, nonrandom basis that shows drivers they are not being singled out for arbitrary reasons.
Id. at 571, 496 A.2d at 448. We applied the same standards under Article 11. See State v. Record, 150 Vt. 84, 88, 548 A.2d 422, 425 (1988); see also State v. Berard, 154 Vt. 306, 314, 576 A.2d 118, 122 (1990) ( "clear, objective guidelines" required by Article 11 for random searches of prison cells). I am not suggesting that all of the roadblock criteria are necessary for exit orders. I do think the requirement of "clear, objective guidelines" is applicable.
49. I have made these two points together because I believe the issue before us is better resolved by the legislative and executive branches because they are in the position to develop clear, objective guidelines for the use of exit orders that are much preferable to our case-by-case adjudication and much preferable to continuing constitutional development in this area. Of course, if these branches develop an authorization that conflicts with Article 11, we have to enforce the constitutional requirement. We should, however, give these branches room to develop a workable balance between officer safety, and the need toinvestigate suspected criminal activity, and the privacy interests of the operator and passengers.
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