Sobriety checkpoints are legal. However, just because police lack probable cause does not mean that these stops are completely unregulated. Law Enforcement must follow certain guidelines in setting up checkpoints. True, they are random in nature. However, understanding the regulations will make the process feel a bit more transparent.
Sobriety Checkpoints: Understanding regulations and rights
There Must Be A Valid Reason
The typical overarching reason for sobriety checkpoints is to decrease drunk driving. The Supreme Court ruled in 1990 that checkpoints must have a ‘rationally related purpose to stopping drunk drivers’. However, police officers cannot setup them up just anywhere. Police needs a good reason for a checkpoint’s location and time. If the checkpoint is set up near the beach during spring break, that is a good reason due to the high amount of drunk college students. However, a checkpoint in downtown Charleston at 7AM on a Monday doesn’t serve a good enough purpose.
Must Have Supervisory Approval
Police themselves cannot decide to set up a checkpoint. Instead they have to get approval from their higher ups. Their supervisors must approve three things. First, supervisors must approve the reason for setting up the checkpoint. Second, they must approve the procedure for the checkpoint. Third, the checkpoint’s location must be approved. The supervisory personal provides a check and balance on officers. They make sure the checkpoint is constructed with intention.
Must Publicize the Checkpoint
Surprisingly, police must publicize the checkpoint. Putting it out there seems to take the random nature of the checkpoint away. However, sometimes law enforcement gets around this requirement by publishing in little-read or watched mediums. Not to worry, many websites gather that info and post it to blogs and social media. If you simply search for DUI checkpoints in my area, many results come up. These websites especially post lots of information during holidays and vacation seasons. They list checkpoint times and locations.