DUI Lawyers Directory. Search for a dui lawyer near you. Operating a vehicle while drinking could cause judicial actions.
 Zip Code Search for DUI Lawyers
Defending Alleged Drunk Driving Criminal Acts Read about successful dui defense cases from member dui lawyers Read about successful dui defense cases from member dui lawyers Membership at DUI Defenders Discuss issues related to dui/dwi/owi Contact Us about a DUI Lawyer

  to fill out a simple form to connect to DUI Lawyers in your area.

State v. Gerschoffer

3/5/2002

In this case the Court of Appeals interpreted Article 1, Section 11 of the Indiana Constitution to prohibit all sobriety checkpoints as unreasonable seizures. We disagree, but affirm suppression of the evidence obtained from the roadblock in this case because the procedures followed did not satisfy the requirements of Section 11, a part of Indiana's Bill of Rights. Facts and Procedural History Late on the night of June 18, 1999, the Indiana State Police and the Mishawaka Police Department jointly conducted a sobriety checkpoint on McKinley Avenue, just west of its intersection with Grape Road, in Mishawaka. Jarrod Gerschoffer was one of seventy drivers pulled aside for observation. The officer who greeted Gerschoffer smelled alcohol and noted Gerschoffer's glassy, bloodshot eyes and slurred speech. Gerschoffer failed three sobriety field tests, and a subsequent chemical test showed that his blood alcohol content was 0.11. This led the State to charge Gerschoffer with operating a vehicle while intoxicated (OWI), as a class D felony based on a previous OWI conviction. Gerschoffer moved to suppress all evidence obtained from the checkpoint, claiming improper seizure under both the Fourth Amendment of the U.S. Constitution [FN1] and Article 1, Section 11 of the Indiana Constitution. [FN2] After a hearing, the trial court granted the motion, holding that although the checkpoint satisfied the Fourth Amendment, the failure to obtain a warrant was unreasonable under Article 1, Section 11. FN1. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const. amend. IV. FN2. Article 1, Section 11's wording is virtually identical: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized." The Court of Appeals affirmed, holding that "a sobriety checkpoint ... conducted absent probable cause or reasonable suspicion of illegal activity, constitutes an unreasonable seizure as proscribed by *963 Article 1, Section 11." State v. Gerschoffer, 738 N.E.2d 713, 726 (Ind.Ct.App.2000). We granted transfer to this Court, thus vacating that opinion. 753 N.E.2d 6 (Ind.2001). I. Federal Roadblock Jurisprudence: A Brief Refresher We examine claims under the Indiana Constitution separately from those based on federal constitutional counterparts. Ajabu v. State, 693 N.E.2d 921 (Ind.1998); see also Price v. State, 622 N.E.2d 954 (Ind.1993). Nonetheless, both the U.S. Supreme Court and this Court have addressed the Fourth Amendment's applicability to sobriety checkpoints, and a review of federal holdings may inform our state analysis. The U.S. Supreme Court first suggested that roadblocks might satisfy the Fourth Amendment when it held random and discretionary stops to check drivers' licenses and vehicle registrations unconstitutional in Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979): This holding does not preclude the ... States from developing methods for spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion. Questioning of all oncoming traffic at roadblock-type stops is one possible alternative. We hold only that persons in automobiles on public roadways may not for that reason alone have their travel and privac

Page 1 2 3 4 5 6 7 8 9 

Indiana DUI Attorneys    DUI Lawyers


  to fill out a simple form to connect to DUI Lawyers in your area.

DUI Driving Defined Highway Defined
Under Influence Defined DUI/3 Strikes DUI & Manslaughter
DUI & Murder DUI Punishment Sobriety Checkpoints
DMV's Role in DUI Revocation vs. Suspension Field Sobriety Testing
Speed Measurement Prior DUI Convictions Drawing Blood & Consent
Refusal to Test DUI Lawyers Testimonials by Member DUI Lawyers
DUI Articles Ignition Interlock Implied Consent
Summary DUI License Suspension In-home Arrest Vehicle Defined
 RSS Feeds  |  Articles  |  Jobs  |  Leads
SiteMap | DUI Blog | DUI Lawyers | DUI Attorneys | Member Agreement | Terms of Service
Attorneys Click Here | DUI Case Laws | FAQ | Directory of DUI Attorneys | Success Stories | Press Releases
Copyright © 2004. “DUI Defenders”. All rights reserved.