Time: Thu Dec 04 13:59:29 1997 To: From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Police Roadblock for Motorists Violates Fourth Amendment Cc: Bcc: sls References: <snip> > >Found in LAWYERS WEEKLY USA, Dec. 1, 1997, at page 3: > >Police Roadblock for Motorists Violates Fourth Amendment > > Where police set up a roadblock to check whether city residents had a >current city sticker for their vehicles, this violated the Fourth >Amendment, says the Illinois Court of Appeals in reversing a conviction for >driving with a revoked license. > The government argued that the roadblock was similar to drunk driving >roadblocks that have been upheld in the past. > But the court said this roadblock was different because the police don't >have a "compelling interest" in making sure drivers have a resident sticker. > "Although the vehicle sticker requirement has an apparent legitimate >revenue-raising purpose, this hardly equates with the 'compelling' public >safety purpose of a DUI checkpoint and does not qualify as a 'grave' public >concern sufficient to warrant this type of police intrusion," it said. > The court also found that the roadblock was constitutionally deficient >because it wasn't authorized by policy-making officials, it gave too much >discretion to the police and the public was not informed of it in advance. > ----- >Illinois Court of Appeals, 2d District. State v. Adams, No. 2-97-0079. >November 19, 1997. Lawyers Weekly USA No. 9912028 (10 pages). To order a >copy of the opinion, call 800-933-5594. > > ###
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