gardening1970
Beach Fanatic
I agree with Lynnie. I find it odd that they annouce this ahead of time with details of areas drunk drivers should avoid. Wouldn't happen around here.
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Memorial Day Weekend Safety and Sobriety Checkpoint
- Thread starter Alicia Leonard
- Start date
Desso
Beach Lover
I found this as an explanation to why these announcements are necessary. This was posted by a practicing Florida attorney. Apparently this is the case in Florida. I've noticed this practice in Mobile,AL also, but as you noted, never in ATL.
The US Supreme Court, in invalidating a general purpose roadblock said the following: "The rule that a search or seizure is unreasonable under the Fourth Amendment absent individualized suspicion of wrongdoing has limited exceptions. ... this Court has upheld brief, suspicionless seizures at a fixed checkpoint designed to intercept illegal aliens,... and at a sobriety checkpoint aimed at removing drunk drivers from the road.... The Court has also suggested that a similar roadblock to verify drivers' licenses and registrations would be permissible to serve a highway safety interest. ... However, the Court has never approved a checkpoint program whose primary purpose was to detect evidence of ordinary criminal wrongdoing." (Edmunds, 2000)
In order to uphold roadblocks for highway safety purposes, certain rules have been crafted to ensure compliance with the Fourth Amendment.....notice to the public is one of those rules......
The US Supreme Court, in invalidating a general purpose roadblock said the following: "The rule that a search or seizure is unreasonable under the Fourth Amendment absent individualized suspicion of wrongdoing has limited exceptions. ... this Court has upheld brief, suspicionless seizures at a fixed checkpoint designed to intercept illegal aliens,... and at a sobriety checkpoint aimed at removing drunk drivers from the road.... The Court has also suggested that a similar roadblock to verify drivers' licenses and registrations would be permissible to serve a highway safety interest. ... However, the Court has never approved a checkpoint program whose primary purpose was to detect evidence of ordinary criminal wrongdoing." (Edmunds, 2000)
In order to uphold roadblocks for highway safety purposes, certain rules have been crafted to ensure compliance with the Fourth Amendment.....notice to the public is one of those rules......
Alicia Leonard
SoWal Insider
FHP announces theirs weeks ahead of time for all of Fla. Just FYI.
Matt J
SWGB
It's based on a case out of, where else, Bay County from about 15 years ago. They were doing road blocks unannounced and it was challenged in court with the 4th amendment. The work around was to announce them in advance.
Honestly if you're out driving that night and doing nothing wrong then you have nothing to fear. I've been through a couple of them in Bay County and one time had a tail light out. I wasn't beaten and hauled off to jail, I was warned and got it fixed the next day.
As an FYI they are not allowed to give chase to vehicles that choose to turn around and go the other way.
Honestly if you're out driving that night and doing nothing wrong then you have nothing to fear. I've been through a couple of them in Bay County and one time had a tail light out. I wasn't beaten and hauled off to jail, I was warned and got it fixed the next day.
As an FYI they are not allowed to give chase to vehicles that choose to turn around and go the other way.
Em
Beach Fanatic
True dat, but I think it is illegal for a cop to stop someone without a cause, such as any kind of check point. At check points like this, they don't have a cause to stop anyone until AFTER the pull over.
Em
Beach Fanatic
You won't find annoucements like this here, that's for certain.
It is the law that they have to announce the stops.
Em
Beach Fanatic
Seriously, SWGB, you aren't saying that, are you?
That is like saying there is nothing wrong with pulling over people who look like they may be here illegally. If they have their papers, they should have nothing to fear. Surely you aren't suggesting that anyone should be able to be stopped for no purpose, with the hopes of finding something to bust them for.
Lynnie
SoWal Insider
Here, if you are approaching a road block and make a u-ey, you get chased and most likely taken to jail, even if you are not DUI. Interesting differences.
Matt J
SWGB
My point is that they haven't declared Marshall Law on 30A, they are announcing it and you have the option to turn around before getting there. It's not all of Walton County, it's one spot. While they might inconvenience someone who wants to avoid it it's not nearly the same as Arizona.