NCJ Number
114419
Journal
Criminal Justice Review Volume: 12 Issue: 2 Dated: (Fall 1987) Pages: 15-26
Date Published
1987
Length
12 pages
Annotation
Drunk driving constitutes a severe and ever-increasing danger to the general public. In the decade prior to 1982, more than 250,000 people were killed in alcohol-related accidents in America.
Abstract
In response to public awareness, police have intensified their effort to enforce drunk-driving laws by setting up sobriety checkpoints (roadblocks). Passive alcohol sensors have been used, to supplement observations by officers in solving the problem of accurate identification of drunken drivers. The passive alcohol sensor uses an electrochemical fuel cell to measure a person's blood alcohol concentration. The legal controversy surrounding the use of the passive alcohol sensor centers on the question of whether its use constitutes a search under the 4th amendment, and if so, whether probably cause or reasonable suspicion would be required before its use (Manak, 1986). The purpose of this article is to determine whether the use of passive alcohol sensors to detect the presence of alcohol in a person's breath is an unreasonable law enforcement practice, in violation of the 4th Amendment in the State of Delaware. Author abstract.