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Criminal Procedure Keyed to Dressler
Michigan Department of Stater Police v. Sitz
Citation:
496 U.S. 444, 110 S.Ct. 2481, 110 L.Ed.2d 412.Facts
The Michigan Department of State Police and its Director created a sobriety checkpoint program. Under the program, all vehicles passing through a checkpoint would be stopped and their drivers briefly examined for signs of intoxication. In case 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. All other drivers would be permitted to resume their journey immediately. The average delay for each vehicle was approximately 25 seconds.
Respondents, several licensed drivers in the state of Michigan who regularly drove through the areas where a sobriety checkpoint would be, filed a complaint in the Circuit Court of Wayne County seeking declaratory and injunctive relief from the potential subjection to the checkpoints. The Circuit Court held that the checkpoints violated the Fourth Amendment, and the Michigan Court of Appeals affirmed. The Michigan Department of State Police and its director appealed.
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Topic Resources
Topic Outline
Fourth AmendmentTopic Refresher Course
4th Amendment IntroTopic Charts & Notes
Search Warrant Exceptions