New Jersey DWI Roadblocks
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Roadblocks are being used more frequently in New Jersey and other states as a tool to detect and arrest drivers suspected of being intoxicated.
Roadblocks are subject to Fourth Amendment concerns against unreasonable searches and seizures, and, if challenged the State must demonstrate the constitutionality of the roadblock in a separate court hearing before a judge. The State has the burden of proving the overall reasonableness and validity of this warrantless search and seizure.
In setting up and executing the roadblock, police do not have to have probable cause to stop any individual driver, but they must show some rational basis for deploying an intrusive law enforcement technique such as a road block or check point.
Generally, courts will look at the following factors to determine whether the roadblock was set up properly:
the degree of discretion, if any, left to the officer in the field;
the location designated for the roadblock;
the time and duration of the roadblock;
standards set by superior officers;
advance notice to the public at large;
advance warning to the individual approaching motorist;
maintenance of safety conditions;
degree of fear or anxiety generated by the mode of operation;
average length of time each motorist is detained;
physical factors surrounding the location, type and method of operation;
the availability of less intrusive methods for combating the problem;
the degree of effectiveness of the procedure; and
any other relevant circumstances which might bear upon the test.
While analyzing the administration of the roadblock is extremely important to the determination whether the roadblock was proper, determining whether officers properly complied with the guidelines of the roadblock in specific stops and detentions of motorists is a very important part of the analysis, also.
If you were stopped in a roadblock and you were arrested, please call me to discuss all of these factors and your specific situation.
CALL 1-800-DIAL-DWI NOW TO DISCUSS YOUR DUI DWI DRUNK DRIVING CASE WITH EVAN LEVOW OR:
