Sobriety checkpoint guidelines & a call for assistance by Terry Bressi some interesting facts on how to beat being stopped at a sobriety check point which will work in pima county buy may or may not work in other parts of the state. in pima county if you drive around the check point their guidlelines say they won't arrest you but they may follow you. if you refuse to roll down your windows and talk to them their guidlines say they have to wave you thru but they may follow you (unless they have probable cause that you are committing some other crime or the make us some imaginary probable cause) Sobriety checkpoint guidelines & a call for assistance Terry wrote: > I think I'll make an Open Records query to find out where they were > setup, whether or not they posted locations prior to manning the > checkpoints, and to acquire a copy of their roadblock guidelines that > are required to be in place prior to such operations. Last week, I received copies of the Pima County Sheriff's Dept. (PCSD) sobriety roadblock procedures and guidelines that I had requested in early September through Arizona's Open Records law. I've posted these documents along with my original request, results of the September 3rd roadblock & a brief analysis at: Original Article In general, the PCSD made 571 stops utilizing over 30 officers resulting in 4 DUI arrests. This represents a 0.7% hit rate which underscores how much of a waste of time and resources such operations are. This fact is further highlighted by the mission statement which says the purpose of such roadblocks is to increase the 'PERCEPTION' that motorists who drink and drive will be caught. Finally - officers were directed to work their schedules such that time spent on the operation would represent over-time since it was being paid for by the Governor's Office of Highway Safety. Within the guidelines, I found the following instructions to be particularly noteworthy because they reinforce my own legal understanding of individual rights at suspicionless roadblocks: * "A motorist who chooses to avoid the checkpoint should be allowed to proceed unless traffic violations are observed or probable cause exists to take other action. The mere act of avoiding a checkpoint will not constitute grounds for a stop." * "Drivers who refuse to roll down their windows in order to avoid contact with a law enforcement officer will be waived through and may be followed by an observation car unless reasonable suspicion/probable cause exist to further the investigation." * "A search of the vehicle or passengers, should be conducted upon probable cause or incident to arrest only." * "The following question/statement shall be made upon approaching a vehicle: 'Good evening, this is a Sobriety Checkpoint aimed at deterring impaired driving. Have you consumed any alcohol and/or drugs today?'" * "If the answer is no and there is no compelling reason to detain the vehicle, hand the driver a pamphlet and state, "This brochure explains the Sobriety Checkpoint program. Please look it over at your leisure." In other words, the PCSD acknowledges the fact that they cannot force you to interact with them if you choose not to. You may avoid the roadblock all together by turning around when safe to do so or you can stop when directed to do so but refuse to roll down your window and interact with them. In addition, you'll note there are no requests for insurance, driver's licenses, or registration made during the initial stop. I figure the guidelines had to be written in this fashion in order to be in compliance with Supreme Court rulings regarding suspicionless 'public safety' stops. The immediate utility of these documents to me is that I may be able to use them in court to compare and contrast my experience with the tribal police back in 2002 in which the tribe had no guidelines or procedures in place, demanded to search vehicles absent reasonable suspicion, demanded documentation in order to conduct general warrant checks and to determine immigration status, and actively chased down or persecuted individuals who chose to avoid the roadblock or limit their interaction at the roadblock. I plan on expanding my information requests to the Tucson Police Dept and the State police as well in order to see what kind of guidelines they have in place. I think it's important for this kind of documentation to be readily available to everyone because it clarifies the legal issues immensely and establishes a baseline of expectations when confronted with such encounters. If the police act outside of their written guidelines then there is a cause of action. Similarly, individuals know what to expect when so confronted. If the guidelines are unreasonable or fall outside of legal restrictions then the documents provide a baseline for taking corrective action. Regardless, having ready access to such documentation BEFORE an encounter can act as a great equalizer for the individuals seeking to protect their rights. With this in mind, I am very interested in putting together a website that makes this type of documentation readily available. Unfortunately I have limited time and resources in order to pursue such Open Records Requests outside of the county I live in. My open ended question to this list is whether or not folks are willing to submit similar Open Records requests for their county and/or local communities? If so, I am willing to scan those documents in and post them to the web. In essence, I propose the start of a clearing house or 'Citizen's Intelligence Agency' if you will for gathering information on government procedures, policies, practices & guidelines in order to assist individuals in holding government accountable to the rule of law at the local and state level. Feedback on this idea would be much appreciated. Terry Bressi www.terrybressi.org/roadblock/state.htm#procedures