Michigan DUI Checkpoints in Light of United States Supreme Court
This week Goodwin and Scieszka is talking about the United States constitution, which is made applicable to the states via the due process clause of the 14th amendment.
Let’s talk about the 4th amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Generally, to stop and search a vehicle there must be reasonable suspicion or probable cause, depending on the scenario. However, the United States Supreme Court has said that DUI checkpoints are constitutional searches so long as they are systematic and not based on individualized suspicion.
In coming to its conclusion, the Supreme Court said, “no one can seriously dispute the magnitude of the drunken driving problem or the States’ interest in eradicating it. Media reports of alcohol-related death and mutilation on the Nation’s roads are legion.”
Because of the states’ interests in “eradicating” drunk driving, it’s constitutional for police to use these tactics, but Michigan gives more liberty to their drivers and has ruled that these checkpoints violate Michigan’s constitution.
Did you know, according to the National Safety Council, nearly 3 million people are injured in automobile accidents each year? That’s a serious problem. Many of those people are injured or killed as a result of drunk drivers.
Our firm has been defending people injured by drunk and negligent drivers for over 30 years. If you’ve been injured in your automobile in either Detroit or Metro Detroit, our Southfield personal injury firm is here for you. Call today and let us help you get the recovery you deserve.