originally published in the Hartford Advocate June 21, 2007
Checkpoint Charlies
West
by Jennifer Abel
You already know that you shouldn’t drive drunk, and you know the reasons why. But should you choose to ignore these reasons and drive drunk in
Wow – a newspaper advising its readers how to break public-safety laws without getting caught. Sounds edgy and rebellious, right? Nope. Actually, by helping drunks avoid the checkpoint we’re semi-cooperating with the police, who must make at least a token attempt to get the word out in order to qualify for DUI-enforcement grants from the National Highway Traffic Safety Administration.
“Grant money from the [NHTSA] goes through the state Department of Transportation,” which then doles it out to cities and towns, according to Lieutenant David Dubiel, who handles traffic control for West Hartford. Of course there are restrictions on how these funds are spent. “We can’t buy equipment,” says Dubiel, but are limited to funding overtime pay for officers to either perform “roving patrols” (driving around with an eye out for trouble) or staff “sobriety checkpoints.”
And they can’t keep it secret. “[According to] parameters established in case law, [a checkpoint] has to be announced to the media,” said Dubiel. Though what the media then does with the announcement is up to them: “Say, I tell the Hartford Courant, but I can’t force them to print it.”
That’s okay — there’s no force necessary for the Advocate to do the right thing. So remember, everybody: if you’re drunk in
Before 1990, checkpoints in
In other words: you can’t be stopped for searches or questioning unless the cops have a warrant or at least a very good reason to suspect you’re up to something. No “fishing expeditions” netting the innocent in hopes of catching a few guilty along with them are allowed.
Then, in the 1980s the Michigan State Police decided that drunk driving was too big a problem for the fourth amendment to cover it. The police started setting up random checkpoints, inspecting all drivers on a given road to ensure none had been drinking. Challenges to this went all the way up to the U.S. Supreme Court, which ruled in 1990 (by a 6-3 vote) that such checkpoints were indeed permissible.
Actually, when then-Chief Justice William Rehnquist wrote the Court opinion he agreed that “a Fourth Amendment ‘seizure’ occurs when a vehicle is stopped at a checkpoint.” But the Court decided this seizure without probable cause was only a “minimal intrusion of civil liberties,” and acceptable since reducing drunk driving is a legitimate concern of the government.
Ironically,
One of the arguments cited by the court were multiple studies showing checkpoints to be less effective than roving patrols in catching drunk drivers. (That the patrols avoided violating the fourth amendment was an added bonus.)
The Supreme Court ruling in favor of checkpoints had precedents: in 1976, for example, the Court said that checkpoints could be used within 100 miles of an international border, to determine drivers’ immigration status. Carving this exception to the Constitution was supposed to solve the illegal-immigration problem that plagued the country 31 years ago, the theory being that in exchange for a little fourth-amendment rollback, by 2007 or so illegal immigration would be a complete non-issue in America, border walls and INS crackdowns in New Haven notwithstanding.
Anyway, Dubiel thinks the purpose of the cops’ having to announce checkpoints to the media might be to keep constitutional bruising to a minimum. “Theoretically, the practical reason for the announcement [involves] the fourth-amendment rights against search and seizure,” he said.
When asked whether he found roving patrols or random checkpoints more effective in increasing the safety of the streets, Dubiel didn’t hesitate to answer.“I find roving patrols more effective … our last roving patrol we found a stolen car. There are no checkpoints for that.”
One of the acceptance no-brainers on the last agenda was this: “Resolution to appropriate funds awarded the Town of
“The grant request was processed some time ago,” said Mayor Scott Slifka. “It’s for work we’ve done throughout the year, with the exception of [the upcoming checkpoint].” Slifka also said that the town helps fulfill the grant’s prior-notice requirement by mentioning future checkpoints on its “list serve,” a free e-mail subscription service offered on the town website. So if you’re wont to drink and drive in