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.

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