Checkpoint

[Chris Santee]

The State Police (St. Albans Barracks) will be conducting a sobriety check point in Franklin County during the up coming week. There will be an aggressive effort to identify and remove impaired drivers from our roads to keep them safe for everyone. Those choosing to drink are asked to use a designated driver.

[slpott]

Chris:
Why would they publicly advertise this if they were trying to get people off the streets. Don't you think that they might go a different way knowing this. I find this quite comical.

[Mummy]

Oh Shelly, you have so much to learn!    It is called the BUDDY SYSTEM!

[Mike Raburn]

To avoid entrapment allegations.

Right, T-Man?

[Chris Santee]

Please, Mummy, enlighten us on the "BUDDY SYSTEM".

[Vtsharon]

Here in NH they are required by law to publicly notify when they are going to do a checkpoint - no buddy system to get people off, just the law.

[vtoutdoorguymb]

I have heard from several officers I know that their main concern is getting people to not drink and drive. Whether they pull you over to do it, or advertise that they are setting up checkpoints (which people hear and choose to use a DD) their mission is accomplished either way.

[PotterFXFD]

  I agree you don't have to set up a check point just say you are going too. And you just got a bunch of drunks off the road.


GET A DD

[monte198]

If i remember correctly Vermont state statue states a public warning is necessary for a checkpoint of be set up.

[Stand Alone Defense]

As far as I know there is nothing in Title 23 that says you have to give notice of a checkpoint besides placing a sign before the check point.  It does help keep drunks off the road though knowing there is gonna be one somewhere in the county.

[mary]

Josh,

I'm posting a reply because I know you have a strong interest in law and law enforcement and thought this was an interesting issue in light of current homeland security and illegal immigration debates. 
 
Publicity requirements aren't statutory, they're constitutional, a requirement under federal and state caselaw interpreting federal and state constitutions. US 4th amendment/VT Bill of Rights Article 11 (unreasonable search & seizure prohibitions) balanced against states' rights to keep impaired drivers off the road. (This actually has to go back to a citizen right/protection as well, governmental duty to ensure citizens can safely go about their business, the "pursuit of happiness" rights; in VT, Bill of Rights Article I.  Fed Supreme Court was split in 1990 when it ruled that sobriety checkpoints are ok as long as they are conducted under guidelines minimizing intrusiveness on a constitutional right & potentional for abuses that would render them unconstitutional such as unequal or arbitrary conduct or processing. (For instance, is every car going into the checkpoint, every nth car, or just the ones that have suspicious looking drivers or passengers...) This was one of those big deal cases - the idea that police could stop people inside the borders of our country without even claiming a reasonable suspicion they had or were about to commit a crime.  (Some states still don't allow checkpoints, either finding that their state constitutions don't allow this sort of intrusion or that it is not included as part of a specifically enumerated state power.) Every judicial level agrees that some level of publicity requirement must be included in the guidelines for the checkpoints to be constitutional.  The exact level of publicity is unsettled.   

Guess I should get back to work.           

[Stand Alone Defense]

Thanks Mary,

To be honnest didn't even think about the 4th amendment and the whole probable cause/reasonable suspicion part of that. 

Thanks for the info!!

[al brodeur]

here in Pa they have to be announced, that way the entrapment defense is negated although the specfic location is  left out it usually states on routes  blah and blah and blah blah check points will be conducted by the police.
the check points are part of the federal program and are funded by the same, as down here the teams are made up of officers from four or five different police forces