Time: Thu Dec 04 13:59:29 1997
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Police Roadblock for Motorists Violates Fourth Amendment
Bcc: sls

>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.
> ###

Return to Table of Contents for

Supreme Law School:   E-mail