Drive Safe. Avoid these San Diego DUI CHECKPOINTS, lawyers warn.
The requirements for DUI checkpoints are set forth in
Ingersoll v. Palmer (43 C3d 1321) and recently upheld in People v. Alvarado; 2011 WL 1149447; 2/7/11; San Francisco Appellate Division.
San Diego and California DUI checkpoints involve stops of cars without probable cause.
The SF Appellate Division found the District Attorney failed to satisfy 4 of the requirements:
1) The District Attorney failed to establish that the selection of the checkpoint site and the procedures for the checkpoint operation were made and established by supervisory personnel;
2) The District Attorney failed to demonstrate that the checkpoint location was reasonable and effective in achieving the government interest of deterring drunk driving;
3) The District Attorney failed to offer evidence about the length and nature of the checkpoint detentions; and
4) The District Attorney failed to introduce evidence of advance publicity.
The court rejected the claim that the Banks case (6 C4th 926) eliminated the need for advance publicity. All Banks held was that lack of advance publicity alone can’t render the stop illegal.
Now San Diego criminal defense lawyers have a DUI checkpoint case that says that failure to provide advance publicity can combine with other failures to make the stop illegal.