Random checkpoint
Encyclopedia
A random checkpoint is a military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...

 and police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...

 tactic
Military tactics
Military tactics, the science and art of organizing an army or an air force, are the techniques for using weapons or military units in combination for engaging and defeating an enemy in battle. Changes in philosophy and technology over time have been reflected in changes to military tactics. In...

 involving the set up of a hasty roadblock
Roadblock
A roadblock is a temporary installation set up to control or block traffic along a road. The reasons for one could be:*Roadworks*Temporary road closure during special events*Police chase*Robbery*Sobriety checkpoint...

 primarily by mobile truck-mounted infantry
Infantry
Infantrymen are soldiers who are specifically trained for the role of fighting on foot to engage the enemy face to face and have historically borne the brunt of the casualties of combat in wars. As the oldest branch of combat arms, they are the backbone of armies...

 or police units in order to disrupt unauthorized or unwanted movement and/or military activity.

Random checkpoints are set up to achieve surprise, as opposed to known permanently located manned checkpoints. They might be established in locations where they cannot be observed by approaching traffic
Traffic
Traffic on roads may consist of pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using the public way for purposes of travel...

 until it is too late to withdraw and escape without being observed.

Overview

The unit establishing the checkpoint must carry the materials necessary to construct it. It might use a vehicle
Vehicle
A vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....

, or multiple vehicles, reinforced with concertina wire
Concertina wire
Concertina wire or Dannert Wire is a type of barbed wire or razor wire that is formed in large coils which can be expanded like a concertina. In conjunction with plain barbed wire and steel pickets, it is used to form military wire obstacles....

, or other objects as the main obstacle. The vehicles might be positioned to partially or entirely block the road or route. The search area might be the space between multiple vehicles. Sentries might be positioned at each end of the checkpoint and are covered by mounted or dismounted automatic weapon positions. A reaction force may be designated and concealed nearby.

Vehicular and pedestrian traffic that approach with the intent of passing flying checkpoints can be asked to produce identification
Identity document
An identity document is any document which may be used to verify aspects of a person's personal identity. If issued in the form of a small, mostly standard-sized card, it is usually called an identity card...

 and submit to a search of their persons and/or vehicle. In some cases, people without proper identification or who arouse suspicion may be refused passage, detained
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...

, or arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...

ed. Contraband
Contraband
The word contraband, reported in English since 1529, from Medieval French contrebande "a smuggling," denotes any item which, relating to its nature, is illegal to be possessed or sold....

 may be confiscated.
A random checkpoint must be functional within 15 minutes of the unit's arrival on-site, and establish security
Security
Security is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...

 teams 50-100 meters on both side of the area to be controlled. Advanced observation posts may also be positioned further out, if desired. When large geographical areas need to be monitored, the checkpoint may be quickly airlifted by helicopter from one location to another.

Flying roadblocks and checkpoints are usually established for no more than a few hours, in order to decrease the possibility of insurgent
Insurgency
An insurgency is an armed rebellion against a constituted authority when those taking part in the rebellion are not recognized as belligerents...

 attacks on them, as well as to maintain their effectiveness as a surprising, unexpected obstacle.

Random checkpoints are a common tactic used by many military and police forces, and have been recently used by UN forces in Kosovo
Kosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...

, Lebanese
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...

 militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...

s in Beirut
Beirut
Beirut is the capital and largest city of Lebanon, with a population ranging from 1 million to more than 2 million . Located on a peninsula at the midpoint of Lebanon's Mediterranean coastline, it serves as the country's largest and main seaport, and also forms the Beirut Metropolitan...

, The Israeli army
Israel Defense Forces checkpoint
A Israel Defense Forces checkpoint, usually called an Israeli checkpoint , is a barrier erected by the Israel Defense Forces with the stated aim of enhancing the security of Israel and Israeli settlements and preventing those who wish to do harm from crossing...

 in the West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...

 and US forces in Kurdistan, and Iraq in search of insurgents, fugitives, and other law breakers. In some war zones these checkpoints can heave lethal consequences. This is especially true in the case of suicide blasts which produce casualties regardless of political or cultural affiliation.

Sobriety checkpoints

Sobriety checkpoints or roadblocks involve law enforcement officials stopping every vehicle (or more typically, every nth vehicle) on a public roadway and investigating the possibility that the driver might be too impaired to drive. They are often set up late at night or in the very early morning hours and on weekends, at which time the proportion of impaired drivers tends to be the highest.

With a portable and quick alcohol breath test, the police can test all drivers (if the law permits), and process the cars one by one as in a conveyor belt. When there is no quick test, a more complicated routine is necessary. Upon suspicion, the stopped driver is required to exit the vehicle and take a roadside sobriety
Sobriety
Sobriety is the condition of not having any measurable levels, or effects from, alcohol or other drugs that alter ones mood or behaviors. According to WHO "Lexicon of alcohol and drug terms..." sobriety is continued abstinence from alcohol and psychoactive drug use...

 test that requires the demonstration of both mental and balance skills. If the officer determines that the test has not been passed, the driver is then required to take an alcohol breath test (referred to as a Breathalyzer
Breathalyzer
A breathalyzer or breathalyser is a device for estimating blood alcohol content from a breath sample...

 test in the United States).

Sobriety checkpoints regularly catch much more than just drunk drivers. The identity checks will catch individuals wanted by the police, and DUI often occurs together with other crimes, such as vehicle inspection and registration violations, vehicle tax avoidance or driving without a license.

Australia

In Australia, drivers may be stopped at any point along any road by a police officer for a "random breath test", commonly referred to as an "RBT". For an operation involving a large number of police (typically 10-20) at a fixed location, the colloquial term "booze bus" is often used. In all states, the maximum BAC of 0.05% is enforced. Drivers who are found to have a preliminary reading of greater than 0.05% are required to wait for a 15 minute period, after which time they are retested.

In Victoria and New South Wales the concept has been extended to make sobriety checkpoints also "drug buses" (or dual buses), capable of testing drivers for a number of illicit drugs including cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...

 (tetrahydrocannabinol), methamphetamine
Methamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...

, and ecstasy (MDMA).

Legality in the United States

The Fourth Amendment to the United States Constitution
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...

 states that: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” At a sobriety checkpoint, drivers are necessarily stopped without reasonable suspicion
Reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch' ";...

, and may be tested summarily and without probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...

. Thus the Constitution would appear to prohibit people from being stopped without a search warrant or at least without probable cause that they have committed a crime; however, the warrant requirement only attaches should the search be unreasonable and the Supreme Court, as shown below, decided that such stops are not unreasonable under certain circumstances.

Driving under the Influence
Driving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...

 of alcohol is a special type of crime, as driving with a blood alcohol content
Blood alcohol content
Blood alcohol content , also called blood alcohol concentration, blood ethanol concentration, or blood alcohol level is most commonly used as a metric of alcohol intoxication for legal or medical purposes....

 (BAC) over a set limit is defined as the crime; it is not necessary to drive recklessly or cause an accident in order to be convicted. To determine BAC accurately, it is generally necessary for the driver to subject themselves to tests that are self incriminating, and drivers sometimes exercise their right against self incrimination to refuse these tests. To discourage this, some jurisdictions set the legal penalties for refusing a BAC test to equal or worse than those for a failing a BAC test. In other jurisdictions, the legal system may consider refusing the roadside alcohol breath test to be probable cause, allowing police to arrest the driver and conduct an involuntary BAC test.
The Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...

 had found sobriety roadblocks to be a violation of the Fourth Amendment. However, by a 6-3 decision in Michigan Dept. of State Police v. Sitz
Michigan Dept. of State Police v. Sitz
Michigan Dept. of State Police v. Sitz, 496 U.S. 444 , was a United States Supreme Court case involving the constitutionality of police sobriety checkpoints...

(1990), the United States Supreme Court found properly conducted sobriety checkpoints to be constitutional. While acknowledging that such checkpoints infringed on a constitutional right, Chief Justice Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...

 argued the state interest in reducing drunk driving outweighed this minor infringement.

Dissenting justices argued that the Constitution doesn’t provide exceptions. "That stopping every car might make it easier to prevent drunken driving...is an insufficient justification for abandoning the requirement of individualized suspicion", dissenting Justice Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...

 insisted.

Chief Justice Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...

 argued that an exception was justified because sobriety roadblocks were effective and necessary. On the other hand, dissenting Justice Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...

 countered that "the findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals
Michigan Court of Appeals
The Michigan Court of Appeals is the intermediate-level appellate court of the state of Michigan. It was created by the Michigan Constitution of 1963, and commenced operations in 1965...

, indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative."

Jurisdictions that allow sobriety checkpoints often carve out specific exceptions to their normal civil protections
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

, in order to allow sobriety checkpoints.
Although the U.S. Supreme Court has found sobriety checkpoints to be constitutionally permissible, ten states (Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming) have found that sobriety roadblocks violate their own state constitutions or have outlawed them. Two other states (Alaska and Montana) do not use checkpoints even though they have not made them illegal.

Legal guidelines for checkpoint procedures

In approving "properly conducted" checkpoints, Chief Justice Rehnquist implicitly acknowledged that there must be guidelines in order to avoid becoming overly intrusive. In other words, checkpoints cannot simply be set up when, where and how police officers choose. As often happens in Supreme Court decisions, however, the Chief Justice left it to the states to determine what those minimal safeguards must be, presumably to be reviewed by the courts on a case-by-case basis.

In an effort to provide standards for use by the states, the National Highway Traffic Safety Administration subsequently issued a report that reviewed recommended checkpoint procedures in keeping with federal and state legal decisions. ("The Use of Sobriety Checkpoints for Impaired Driving Enforcement", DOT HS-807-656, Nov. 1990) An additional source of guidelines can be found in an earlier decision by the California Supreme Court (Ingersoll v. Palmer (43 Cal.3d 1321 (1987)) wherein the Court set forth what it felt to be necessary standards in planning and administering a sobriety checkpoint:
  • Decision making must be at a supervisory level, rather than by officers in the field.
  • A neutral formula must be used to select vehicles to be stopped, such as every vehicle or every third vehicle, rather than leaving it up the officer in the field.
  • Primary consideration must be given to public and officer safety.
  • The site should be selected by policy-making officials, based upon areas having a high incidence of drunk driving.
  • Limitations on when the checkpoint is to be conducted and for how long, bearing in mind both effectiveness and intrusiveness.
  • Warning lights and signs should be clearly visible.
  • Length of detention of motorists should be minimized.
  • Advance publicity is necessary to reduce the intrusiveness of the checkpoint and increase its deterrent effect.

Effectiveness

The Centers for Disease Control, in a 2002 Traffic Injury Prevention report, found that in general, the number of alcohol related crashes was reduced by 20% in states that implement sobriety checkpoints compared to those that do not.

Public Health Law
Public health law
Law is an important public health tool that plays a critical role in reducing illness and premature death. Public health law examines the authority of the government at various jurisdictional levels to improve the health of the general population within societal limits and norms.Public health law...

 Research, an independent organization, reported in a 2009 evidence brief summarizing the research assessing the effect of a specific law or policy on public health, that there is strong evidence supporting the effectiveness of selective breath testing sobriety checkpoints as a public health intervention aimed at reducing the harms associated with alcohol impaired driving.

The debate regarding saturation patrols versus checkpoints favors saturation patrols being more effective, both in terms of number of arrests and cost. The FBI compared saturation patrols vs. checkpoints in Ohio, Missouri, and Tennessee. The study showed that, “Overall, measured in arrests per hour, a dedicated saturation patrol is the most effective method of apprehending offenders.” Another survey found that "States with infrequent checkpoints claimed a lack of funding and police resources for not conducting more checkpoints, preferred saturation patrols over checkpoints because they were more 'productive,' and used large number of police officers at checkpoints."

There is a dearth of research regarding the deterrent effect of checkpoints. The only formally documented research regarding deterrence is a survey of Maryland's "Checkpoint Strikeforce" program. The survey found no deterrent effect: "To date, there is no evidence to indicate that this campaign, which involves a number of sobriety checkpoints and media activities to promote these efforts, has had any impact on public perceptions, driver behaviors, or alcohol-related motor vehicle crashes and injuries. This conclusion is drawn after examining statistics for alcohol-related crashes, police citations for impaired driving, and public perceptions of alcohol-impaired driving risk."

Further reading

  • Mothers Against Drunk Driving. Sobriety Checkpoints: Facts and Myths. Mothers Against Drunk Driving website, September 11, 2005..
  • Ross, H. L. Confronting Drunk Driving. New Haven, CT: Yale University Press, 1992.
  • Simpson, H. M., and Mayhew, D. R. The Hard Core Drinking Driver. Ottawa, Ontario, Canada: Traffic Safety Research Foundation, 1991.
  • Taylor, L. Drunk Driving Defense. New York: Aspen Law and Business, 6th edition, 2006.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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