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Criminal Procedure keyed to Weinreb
Michigan Department of State Police v. Sitz
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The Michigan State Police established a sobriety checkpoint pilot program. It only went on for one day. “Under the guidelines, checkpoints would be set up at selected sites along state roads. All vehicles passing through a checkpoint would be stopped and their drivers briefly examined for signs of intoxication. In cases where a checkpoint officer detected signs of intoxication, the motorist would be directed to a location out of the traffic flow where an officer would check the motorist’s driver’s license and car registration and, if warranted, conduct further sobriety tests. Should the field tests and the officer’s observations suggest that the driver was intoxicated, an arrest would be made. All other drivers would be permitted to resume their journey immediately.” The Respondents, licensed drivers in that the state of Michigan (the “Respondents”), filed suit to obtain declaratory and injunctive relief from subjection to the checkpoints. The Michigan Police Department agreed to postpone further implementation of the check points pending the outcome of the litigation. The trial court ruled that the program violated the Fourth Amendment. The Michigan Court of Appeals affirmed. The Michigan Supreme Court refused to hear this case.
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