NCJ Number
131670
Journal
Journal of Criminal Law and Criminology Volume: 81 Issue: 4 Dated: (Winter 1991) Pages: 800-818
Date Published
1991
Length
19 pages
Annotation
The US Supreme Court, in Michigan Department of State Police v. Sitz, upheld the State's right to establish a sobriety checkpoint program under the fourth amendment, citing the goal of preventing drunk driving, advancement of the public interest, and minimal intrusion on individual motorists.
Abstract
The author maintains that the majority opinion correctly upheld precedent balance tests, noting that the checkpoint program effectively increased the arrest rate for drunk driving in Michigan. The Court actually understated the effectiveness of the program by undervaluing its deterrent effect. The checkpoint's intrusion on individual rights is similar to that previously upheld by the Court in United States v. Martinez-Fuerte. The Court, and this author, rejected the minority opinion demanding an individualized suspicion requirement. 135 notes