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Roadblocks This is a seizure with little or no individualized suspicion; thus, the 4A question is when are such seizures “reasonable?”
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A roadblock of which the purpose is to get drunk drivers off the roads is constitutional Michigan v. Sitz (1990) –Why? Because the state’s interest in getting drunk drivers off the roads >intrusion on motorists [= balancing test] Roadblock advances that interest The intrusion is brief, limited The roadblock is systematic; does not rely on police discretion about whom to stop
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Roadblock for the purpose of general crime control is unconstitutional Indianapolis v. Edmond (2000) (re drug interdiction) –Why? Apparently because to investigate whether a particular individual is involved in criminal activity requires at least some individualized suspicion. Remember that stopping a car = fourth amendment “seizure” –Terry: seizure requires reasonable suspicion
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The Mode of Analysis for Roadblock: –Purpose Analysis and –Balancing Test
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Purpose analysis Ordinarily OK [Individualized suspicion not required] Not OK Getting drunk drivers off the road General crime detection Checking for illegal aliens at fixed Border Patrol checkpoints Drug Interdiction Systematic and total license checks Random stops for driver’s license check
![Purpose analysis Ordinarily OK [Individualized suspicion not required] Not OK Getting drunk drivers off the road General crime detection Checking for illegal aliens at fixed Border Patrol checkpoints Drug Interdiction Systematic and total license checks Random stops for driver’s license check](http://images.slideplayer.com./19/5803472/slides/slide_5.jpg "Purpose analysis Ordinarily OK [Individualized suspicion not required] Not OK Getting drunk drivers off the road General crime detection Checking for illegal aliens at fixed Border Patrol checkpoints Drug Interdiction Systematic and total license checks Random stops for driver’s license check")
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Apprehending specific indicted persons or specific fugitives Checking for illegal aliens with a roving border patrol stop Checking for kidnapped person Dealing with dangerous or exigent circumstances
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Balancing Test [from Brown v. Texas, 1979] The purpose for having the roadblock & the degree to which the seizure advances that purpose V. The severity of the interference with individual liberty
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Factors to consider in balancing To assess the severity of the intrusion on the individual’s fourth amendment right not to be unreasonably seized, consider: –The degree of police discretion about whom to stop [Stopping everyone versus random] –The degree of surprise and “suddenness” of the roadblock to the motorist –Length of delay –Clarity of identity of it as a police roadblock –Training and experience of the officers –Day or night –Public safety factor
![Factors to consider in balancing To assess the severity of the intrusion on the individual’s fourth amendment right not to be unreasonably seized, consider: –The degree of police discretion about whom to stop [Stopping everyone versus random] –The degree of surprise and suddenness of the roadblock to the motorist –Length of delay –Clarity of identity of it as a police roadblock –Training and experience of the officers –Day or night –Public safety factor](http://images.slideplayer.com./19/5803472/slides/slide_8.jpg "Factors to consider in balancing To assess the severity of the intrusion on the individual’s fourth amendment right not to be unreasonably seized, consider: –The degree of police discretion about whom to stop [Stopping everyone versus random] –The degree of surprise and suddenness of the roadblock to the motorist –Length of delay –Clarity of identity of it as a police roadblock –Training and experience of the officers –Day or night –Public safety factor")
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