The Rutherford Weinstein Law Group, PLLC blog, covering legal news as well as items of interest to clients, potential clients, and anyone else who happens to view the page. . . . www.knoxlawyers.com
Friday, July 06, 2012
Are DUI checkpoints constitutional? This article, from Salt Lake City, suggests that they are not if they are worded so broadly that they are like "throwing out a trawling net to see what you catch." In other words, if the stated purpose of the roadblock is to check for drugs/alcohol, then fine; if it is to check for any criminal activity, then that's impermissibly overbroad.
Which made me wonder. Here in Knoxville:
Officers "issued a total of 1,093 traffic citations during the campaign, including 94 to motorists who were cited for not wearing a seat belt or for violation of the child restraint law, Rausch said in a news release today. Officers also cited 64 motorists for driving on either a suspended or revoked license, or for driving without any license.
Now, it appears true that this Knoxville effort was not in a DUI checkpoint context. But, did the officers really have probable cause to make almost 1,100 stops in an eight hour period? Like I said: makes me wonder.
Thursday, July 05, 2012
Drinkers & drivers beware -- DUI tests: Now an offer you can't refuse. I wonder how many times officers sought a search warrant to compel a blood test over the recent holiday?
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