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Drunken-Driver Checkpoints: Every Driver Guilty

• by James Bovard (LewRockwell)

2 Comments in Response to

Comment by Terry Bressi
Entered on:
I**Q**ve been documenting suspicionless checkpoints in Arizona for several years now at:

There is no law in Arizona authorizing the police to stop anyone absent reasonable suspicion of wrongdoing.

To the contrary, Sate law only authorizes traffic stops where the stopping police officer already has reasonable suspicion:

13-3883B Arrest by officer without warrant

**QQ**A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer**Q**s presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation....**QQ**

This minor detail hasn**Q**t stopped the Arizona judiciary from upholding sobriety checkpoints however despite the lack of statutory authorization and in violation of the privacy clause of the State Constitution.

So to answer your question for Arizona, since there**Q**s no law authorizing suspicionless police checkpoints to begin with, there**Q**s also no law requiring the police to notify the public of the locations of pending roadblocks.

If interested however, you can find a list of checkpoints already conducted by the Pima County Sheriff**Q**s Dept. at:

Comment by Randy Ricochet
Entered on:

Right on! And the check-point frequency seems to be increasing. At least in WV, the police have to publish where the check points are going to be held. How is it in other states?

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