Advertisement

The Nation - News from Aug. 2, 1988

Share

Roadblocks to check drivers for signs of intoxication are ineffective and unconstitutional, the Michigan Court of Appeals ruled in upholding a lower court’s ruling against the state. “While the goals of the sobriety checkpoint program are laudable, the program fails to qualify as a reasonable seizure under the Fourth Amendment,” the three-judge appeals panel wrote in a unanimous opinion. The ruling upheld the conclusions of Wayne County Circuit Judge Michael Stacey, who issued a permanent injunction against the roadblocks. The program devised by state police followed a blueprint drafted from check lane laws in 37 other states. Its prime model was Maryland’s program, and the opinion noted the testimony of a Maryland state police lieutenant who said checkpoints there yielded few drunken driving arrests.

Advertisement