PA DUI Checkpoint (and Motorist Rights)

DUI Checkpoint (and Motorist Rights) in Pennsylvania
The very existence of a DUI checkpoint has long been a point of controversy in PA. Some folks say that a PA DUI checkpoint is a necessary evil. They say if you aren’t drunk or high, then roadblocks shouldn’t worry you. Follow the law, they say, and you won’t be too troubled by a few questions. It keeps us all safer, they argue.

In the minds of the others, they are an overbearing intrusion into their privacy without cause or suspicion. This is America after all, they say. #Freedom

In the minds of the police conducting the roadblocks, they use these lawful tools to deter drunk driving. The roadblocks protect public safety, they say. Even when they turn up zero arrests, the police declare victory.

Who’s right?
DUI Checkpoint
DUI checkpoint ahead
Doesn’t a checkpoint stop without cause violate a motorist’s and passengers’ rights to be free from unreasonable search and seizure?
Our Pennsylvania courts have told us that under certain conditions, they can happen. Ordinarily, when the police stop a driver, the police have to justify it. They can’t just stop someone on their way for any or no reason. Except for a DUI checkpoint, the police need to show “individualized suspicion of wrongdoing” or “probable cause” that a Crimes Code or Vehicle Code violation happened to lawfully stop a car. Our courts have said that this “normal rules” don’t apply at a DUI checkpoint in Pennsylvania. There is no required requirement for the police to show an “individualized suspicion of wrongdoing” or “probable cause” that a Crimes Code or Vehicle Code violation happened to lawfully stop a car to make contact with a driver during a PA DUI checkpoint. (See the Beaman case for more details.)

So what makes a DUI checkpoint or DUI roadblock legal or illegal in Pennsylvania?
Two appeals court cases tell us the answer to that:  Commonwealth v. Tarbert and Commonwealth v. Blouse. These two cases make a 5-factor DUI Checkpoint balancing test to see if the police cross the line.

Not surprisingly, the court calls these factors the Tarbert/Blouse factors.

In determining if a checkpoint is constitutional, ALL five factors must be met.
Vehicle stops must be brief and must not entail a physical search. There is no precise time limit of how long is too long. However, case law suggests that “brief” is “very brief.” The courts hold that thirty seconds is reasonable. (See the Yastrop case for more details) The requirement of no physical search is self-explanatory – the officers cannot root around in the car.
There must be sufficient warning of the existence of the checkpoint. Notice must be sufficient to alert drivers to the fact that a checkpoint is up ahead. The signs must be visible – meaning either large, or well-lit.  In most cases, there are several signs, but the courts have only required one. The police do not need to post the signs in a manner that allows a driver to turn away from the checkpoint. While a driver is free to drive away and cannot be pulled over simply for doing so, if no turn off is available, the driver must proceed into the checkpoint and stop if the officers direct them to stop. The police don’t control the press. So notice, likewise, the police don’t have to publish in the local paper where or when roadblocks will work one.
The decision to conduct a checkpoint, as well as the decisions as to time and place for the checkpoint, must be subject to prior administrative approval. This requirement prevents officers from deciding on a whim to conduct a random stop of vehicles under the guise of a checkpoint. By requiring administrative approval, the patrol officers do not get to decide. It is a formula. (See the cases of Worthy, Paes for more information)
The police choice of time and place for the checkpoint must be founded on local experience as to where and when intoxicated drivers are likely to be traveling. Historical data must show that the time and place of the checkpoint are where and when DUI arrests are likely to occur. (See the case of Yastrop)
The decision as to which vehicles to stop at the checkpoint must be established by administratively pre-fixed, objective standards, and must not be left to the unfettered discretion of the officers at the scene. This prevents officers from making a decision on who to stop based on anything other than random luck (or bad luck). It must be predetermined if all cars will be stopped, if every 5th car or every 10th car. Additionally, if traffic is so backed up that it is counter to public safety, all cars should be let through until the traffic eases. The decision for when to suspend the checkpoint for traffic concerns must also be predetermined. (See the Worthy case for more details)
These 5 points tell us what officers have to do in order to set up an appropriate DUI checkpoint.

What do you, as a driver on the roadways of Pennsylvania, have to do if you encounter a DUI checkpoint?