DWI Law in New Jersey: Roadblocks
Here are some important cases regarding roadblocks in DWI cases in New Jersey:
State v. Kirk, 202 N.J. Super 28(1985)
The court held that temporary road block set up by exercise of absolute, unbridled discretion of officers in field is violative of State Constitutional provision against unreasonable seizure; however, if certain procedures set forth, ensuring supervisory control of checkpoints and warnings to motorists, are carefully followed, any constitutional objections will be overcome.
State v. Moskal, 246 N.J. Super 12(1991)
The court held that the stop of a motorist at a sobriety checkpoint did not violate his Fourth Amendment rights; site of checkpoint has been determined by DWI arrest rate, past accident rate, public safety and awareness that would arise from the checkpoint, requisite participation of command or supervisory authority had been obtained in overseeing operation, and all necessary advance publicity and warnings of checkpoint had been given.
