Thanks for posting the Goyette Interview and the Sheriff's Instruction Letter. After finding out the name of the survey, the National Roadside Survey, I did a keyword search online and found a lengthy report regarding the survey published by the NHTSA in January 2007.
The report includes an in-depth analysis of the history of the survey, procedures/techniques used, administration of the survey, sample results, future recommendations, etc. It's definitely worth taking a closer look at.
A few other thoughts come to mind after skimming the report and listening to the interview:
*In Arizona, it's a crime to fail to obey the lawful orders of a traffic control officer. This was one of the charges the tribal police levied against me during the 2002 roadblock I was involved with. I'm sure Colorado has a similar statute in place (but I will verify). This means that even if Hartman's deputies were limiting their interaction with motorists to directing certain vehicles off the road over to survey takers, a motorist would have been in violation of the law if he/she failed to comply and instead chose to drive off as some did according to Hartman. Just because Hartman's deputies weren't enforcing that particular statute at that particular time doesn't mean motorists weren't being placed in legal jeapordy regardless of Hartman's claims to the contrary.
How are motorists supposed to know when they can safely ignore a deputy who is "directing traffic" and when they can't?
* The Supreme Court has ruled that ANY stop by a law enforcement officer represents a seizure under the 4th amendment. There are no exceptions for 'voluntary surveys'. The courts will then decide whether or not the seizure was reasonable. As such, every vehicle that was directed over to a survey taker was seized within the boundaries of the 4th amendment.
* The survey takers were using passive alcohol sensors without a drivers explicit knowledge or consent.
* Survey takers were using the swabs and blood samples to look for a very long list of drugs that may have been within a motorists system.
* Part of the goal of the program is to expand the collection of fluid samples across the country for future surveys and who knows what else...
I wont have much time to do anything with this report or do further analysis for another week or so. If anyone else wants to do something with it - have at it.
Thanks for all your followup.