Are Sobriety Checkpoints legal?
Sobriety Checkpoints are legal under the Tennessee Constitution. However, the roadblock must have been established and operated in accordance with predetermined guidelines and supervisory authority. Because of the strict guidelines that must be followed in regard to the implementation of a Sobriety Checkpoint, it is important that you consult an experienced attorney to investigate and determine the legality of the roadblock.
In 1990, the United States Supreme Court declared that sobriety checkpoints did not violate citizen’s Fourth Amendment right against unreasonable search and seizure. They decided that when these checks are preformed with minimal intrusion under specified guidelines, the benefit of these checkpoints greatly outweighs the minor intrusion on individual’s rights. Each state has adopted laws of their own regarding sobriety checkpoints. Currently, eleven states prohibit the use of sobriety roadblocks. The reason for not allowing these checks varies by state. What signs of impairment are they looking for? The most common signs of impairment which are looked for during a sobriety checkpoint stop are: • the odor of alcoholic beverages or drugs • blood shot eyes • the presence of alcoholic containers or drug paraphernalia in the vehicle • slurred or difficult speech • fumbling or other physical signs of intoxication • admission of drug or alcohol use • inconsistent responses to answers • detecti
Copyright 2006 Lance Knowlton As many people know, the Fourth Amendment of the Constitution of the United States forbids the unreasonable search or seizure of U.S. citizens. Generally, there must be probable cause to arrest or search persons or their private property, which means that the officer must have a reasonable suspicion based on articulable facts that some wrongdoing has occurred. How, then, are law enforcement agents able, constitutionally, to stop motorists at sobriety checkpoints? According to constitutional law, some stops are not considered seizures of a person. This is the case with a so called “stop and frisk” in which an officer detains a person for a very brief period of time and quickly checks their outer clothing for contraband. Sometimes, if a person is detained for less than 48 hours, it is not considered a seizure. However, this is not true for DUI roadblocks. The U.S. Supreme Court has held that stopping someone at such a roadblock does constitute a seizure of t
