Q: The police are putting out checkpoints over the holiday season. Is that legal?
A: Actually, yes. Although there has been much debate over whether such roadblocks constitute illegal search and seizure, in 1990, the U.S. Supreme Court ruled that if sobriety checkpoints comply with federal requirements, they do not violate any constitutional amendments and are considered legal. In fact, many states have established their own guidelines to comply with federal rules including providing public notice on the location of checkpoints with reasons why particular locations are selected. Also, the Supreme Court found that the need to reduce alcohol-related accidents more than justified the minimal intrusion accompanying checkpoint procedures, thus allowing sobriety roadblocks to remain in effect.Your safest bet is to simply not drink and drive.
