NCJ Number
98186
Journal
Criminal Law Bulletin Volume: 21 Issue: 3 Dated: (May-June 1985) Pages: 197-216
Date Published
1985
Length
20 pages
Annotation
Local governments are increasingly resorting to roadblocks in an effort to determine whether motor vehicle operators are driving under the influence of intoxicants. The Supreme Court's decision in Delaware v. Prouse, while outlawing random stops of motorists without antecedent cause, appears to have invited roadblock stops.
Abstract
The rationale appears to be that Prouse was more concerned with the police officer's exercise of discretion than with the motorist's claim to privacy. Thus, if all motorists are stopped, discretion is minimized and privacy claims eliminated. Obviously, there is a gap in the logic of this analysis and the author is quick to point that out. (Publisher abstract)