3 Cases You Need to Know About Tennessee DUI Road Block Cases

Rob McKinney Attorney at Lawwww.mckinneylawfirm.comwww.nashvillecriminallawreport.com

State v. Downey 945 S.W.2d 102 To be constitutionally valid, a sobriety road

block must be established and conducted in accordance with a prefixed, objective plan which limits the unfettered police discretion and minimizes the risk of arbitrary intrusion

In State v. Downey the roadblock was set up for the purpose of checking driver’s license in accordance with a general order from the Dept. of Safety

State v. Downey 945 S.W.2d 102 The court found that the lack of

administrative or supervisory decision making was also evidenced by the absence of publicity surrounding the road block

State v. Hicks 55 S.W.3d 515 The court reaffirmed the characteristics of a

road block that minimized the risk of arbitrary intrusion under Article 1, Section 7—Including:

Stopping all cars traveling in both directions, unless suggested traffic requires permitting motorists to pass through

Taking adequate safety precautions (i.e. warning approaching motorists and stopping cars in safe areas)

State v. Hicks 55 S.W.3d 515 Conduct a road block with uniformed

officers and marked patrol cars with flashing emergency lights

Provide advanced publicity of road blocks to the public at large

Police must adhere to the standards set forth in State v. Hicks before road block will pass constitutional muster

State v. Binion 900 S.W.2d 702 You can avoid a road blockYou can avoid a road block Roadblock guidelines used by law Roadblock guidelines used by law

enforcement officers in enforcement officers in Michigan v. Michigan v. StizStiz and the TN Highway Patrol and the TN Highway Patrol contain provisions prohibiting officers contain provisions prohibiting officers from apprehending motorists who from apprehending motorists who make safe U-Turns or turn-offs to make safe U-Turns or turn-offs to avoid the road blockavoid the road block

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ROB MCKINNEYATTORNEY AT LAW214 SECOND AVENUE NORTH, SUITE 103NASHVILLE, TN 37201(615) 259-9009  Phone(615) 242-5967  Faxrob@robmckinneylaw.comwww.mckinneylawfirm.comwww.nashvillecriminallawreport.com