michigan
dept
state
police
sitz
argued
february
decided
june
petitioners
michigan
state
police
department
director
established
highway
sobriety
checkpoint
program
guidelines
governing
checkpoint
operations
site
selection
publicity
operation
date
vehicles
passed
checkpoint
average
delay
per
vehicle
seconds
two
drivers
arrested
driving
influence
alcohol
day
operation
respondents
licensed
michigan
drivers
filed
suit
county
seeking
declaratory
injunctive
relief
potential
subjection
checkpoints
trial
heard
extensive
testimony
concerning
among
things
effectiveness
programs
applied
balancing
test
brown
texas
ruled
state
program
violated
fourth
amendment
state
appeals
affirmed
agreeing
lower
findings
state
grave
legitimate
interest
curbing
drunken
driving
sobriety
checkpoint
programs
generally
ineffective
therefore
significantly
interest
checkpoints
objective
intrusion
individual
liberties
slight
subjective
intrusion
substantial
held
petitioners
highway
sobriety
checkpoint
program
consistent
fourth
amendment
pp
utilized
balancing
test
upholding
checkpoints
detecting
illegal
aliens
brown
texas
supra
relevant
authorities
used
evaluating
constitutionality
state
program
treasury
employees
von
raab
designed
repudiate
prior
cases
dealing
police
stops
motorists
public
highways
thus
forbid
use
balancing
test
pp
fourth
amendment
seizure
occurs
vehicle
stopped
checkpoint
see
supra
thus
question
whether
seizures
reasonable
dispute
magnitude
interest
eradicating
drunken
driving
problem
courts
accurately
gauged
objective
intrusion
measured
seizure
duration
investigation
intensity
minimal
however
misread
cases
concerning
degree
subjective
intrusion
potential
generating
fear
surprise
fear
surprise
considered
natural
fear
one
drinking
prospect
stopped
checkpoint
rather
fear
surprise
engendered
motorists
nature
particular
stop
one
made
roving
patrol
operating
road
checkpoints
selected
pursuant
guidelines
uniformed
officers
stop
every
vehicle
resulting
intrusion
constitutionally
indistinguishable
stops
upheld
pp
appeals
also
erred
finding
program
failed
effectiveness
part
brown
test
balancing
factor
brown
actually
describes
degree
seizure
advances
public
interest
meant
transfer
politically
accountable
officials
courts
choice
among
reasonable
alternative
law
enforcement
techniques
employed
deal
serious
public
danger
moreover
mistakenly
relied
supra
delaware
prouse
provide
basis
effectiveness
review
unlike
delaware
prouse
case
involves
neither
random
stops
complete
absence
empirical
data
indicating
stops
effective
means
promoting
roadway
safety
justification
different
conclusion
ratio
illegal
aliens
detected
vehicles
stopped
approximately
percent
compared
approximately
percent
detection
ratio
one
checkpoint
conducted
michigan
percent
ratio
demonstrated
experience
pp
rehnquist
delivered
opinion
white
scalia
kennedy
joined
blackmun
filed
opinion
concurring
judgment
post
brennan
filed
dissenting
opinion
marshall
joined
post
stevens
filed
dissenting
opinion
brennan
marshall
joined
parts
ii
post
thomas
casey
assistant
solicitor
general
michigan
argued
cause
petitioners
briefs
frank
kelley
attorney
general
louis
caruso
solicitor
general
patrick
assistant
attorney
general
stephen
nightingale
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
starr
assistant
attorney
general
dennis
deputy
solicitor
general
bryson
mark
granzotto
argued
cause
respondents
brief
deborah
gordon
william
gage
john
powell
briefs
amici
curiae
urging
reversal
filed
state
california
et
al
john
van
de
kamp
attorney
general
california
richard
iglehart
chief
assistant
attorney
general
john
sugiyama
senior
assistant
attorney
general
morris
beatus
supervising
deputy
attorney
general
ronald
niver
deputy
attorney
general
attorneys
general
respective
follows
robert
butterworth
florida
lacy
thornburg
north
carolina
james
shannon
massachusetts
state
illinois
et
al
neil
hartigan
attorney
general
illinois
robert
ruiz
solicitor
general
terence
madsen
marcia
friedl
michael
singer
assistant
attorneys
general
siegelman
attorney
general
alabama
steve
clark
attorney
general
arkansas
duane
woodard
attorney
general
colorado
clarine
nardi
riddle
acting
attorney
general
connecticut
charles
oberly
iii
attorney
general
delaware
michael
bowers
attorney
general
georgia
jim
jones
attorney
general
idaho
tom
miller
attorney
general
iowa
robert
stephan
attorney
general
kansas
frederic
cowan
attorney
general
kentucky
james
tierney
attorney
general
maine
joseph
curran
attorney
general
maryland
hubert
humphrey
iii
attorney
general
minnesota
william
webster
attorney
general
missouri
marc
racicot
attorney
general
montana
john
arnold
attorney
general
new
hampshire
peter
perretti
attorney
general
new
jersey
hal
stratton
attorney
general
new
mexico
robert
abrams
attorney
general
new
york
lacy
thornburg
attorney
general
north
carolina
nicholas
spaeth
attorney
general
north
dakota
anthony
celebrezze
attorney
general
ohio
travis
medlock
attorney
general
south
carolina
roger
tellinghuisen
attorney
general
south
dakota
mary
sue
terry
attorney
general
virginia
joseph
meyer
attorney
general
wyoming
american
alliance
rights
responsibilities
et
al
richard
rossman
abraham
singer
insurance
institute
highway
safety
et
al
michele
mcdowell
fields
andrew
hricko
stephen
oesch
ronald
precup
national
governors
association
et
al
benna
ruth
solomon
andrew
frey
erika
jones
washington
legal
foundation
et
al
richard
willard
daniel
popeo
paul
kamenar
michigan
state
chapters
mothers
drunk
driving
michael
rizik
briefs
amici
curiae
filed
american
federation
labor
congress
industrial
organizations
walter
kamiat
laurence
gold
appellate
committee
california
district
attorneys
association
ira
reiner
harry
sondheim
dirk
hudson
national
organization
mothers
drunk
driving
david
bryant
eric
cromartie
chief
justice
rehnquist
delivered
opinion
case
poses
question
whether
state
use
highway
sobriety
checkpoints
violates
fourth
fourteenth
amendments
constitution
hold
therefore
reverse
contrary
holding
appeals
michigan
petitioners
michigan
department
state
police
director
established
sobriety
checkpoint
pilot
program
early
director
appointed
sobriety
checkpoint
advisory
committee
comprising
representatives
state
police
force
local
police
forces
state
prosecutors
university
michigan
transportation
research
institute
pursuant
charge
advisory
committee
created
guidelines
setting
forth
procedures
governing
checkpoint
operations
site
selection
publicity
guidelines
checkpoints
set
selected
sites
along
state
roads
vehicles
passing
checkpoint
stopped
drivers
briefly
examined
signs
intoxication
cases
checkpoint
officer
detected
signs
intoxication
motorist
directed
location
traffic
flow
officer
check
motorist
driver
license
car
registration
warranted
conduct
sobriety
tests
field
tests
officer
observations
suggest
driver
intoxicated
arrest
made
drivers
permitted
resume
journey
immediately
first
date
sobriety
checkpoint
operated
program
conducted
saginaw
county
assistance
saginaw
county
sheriff
department
duration
checkpoint
operation
vehicles
passed
checkpoint
average
delay
vehicle
approximately
seconds
two
drivers
detained
field
sobriety
testing
one
two
arrested
driving
influence
alcohol
third
driver
drove
without
stopping
pulled
officer
observation
vehicle
arrested
driving
influence
day
operation
saginaw
county
checkpoint
respondents
filed
complaint
circuit
wayne
county
seeking
declaratory
injunctive
relief
potential
subjection
checkpoints
respondents
licensed
driver
state
michigan
regularly
travels
throughout
state
automobile
see
complaint
app
pretrial
proceedings
petitioners
agreed
delay
implementation
checkpoint
program
pending
outcome
litigation
trial
heard
extensive
testimony
concerning
inter
alia
effectiveness
highway
sobriety
checkpoint
programs
ruled
michigan
program
violated
fourth
amendment
art
michigan
constitution
app
pet
cert
appeal
michigan
appeals
affirmed
holding
program
violated
fourth
amendment
reason
consider
whether
program
violated
michigan
constitution
app
michigan
denied
petitioners
application
leave
appeal
granted
certiorari
decide
case
trial
performed
balancing
test
derived
opinion
brown
texas
described
appeals
test
involved
balancing
state
interest
preventing
accidents
caused
drunk
drivers
effectiveness
sobriety
checkpoints
achieving
goal
level
intrusion
individual
privacy
caused
checkpoints
mich
citing
brown
supra
appeals
agreed
brown
balancing
test
correct
test
used
determine
constitutionality
sobriety
checkpoint
plan
mich
characterized
appeals
trial
findings
respect
balancing
factors
state
grave
legitimate
interest
curbing
drunken
driving
sobriety
checkpoint
programs
generally
ineffective
therefore
significantly
interest
checkpoints
subjective
intrusion
individual
liberties
substantial
according
record
disclosed
basis
disturbing
trial
findings
made
within
context
analytical
framework
prescribed
determining
constitutionality
seizures
less
intrusive
traditional
arrests
respondents
seek
defend
judgment
favor
insisting
balancing
test
derived
brown
texas
supra
proper
method
analysis
respondents
maintain
analysis
must
proceed
basis
probable
cause
reasonable
suspicion
rely
support
language
decision
last
term
treasury
employees
von
raab
said
von
raab
fourth
amendment
intrusion
serves
special
governmental
needs
beyond
normal
need
law
enforcement
necessary
balance
individual
privacy
expectations
government
interests
determine
whether
impractical
require
warrant
level
individualized
suspicion
particular
context
perfectly
plain
reading
von
raab
cited
discussed
approval
earlier
decision
way
designed
repudiate
prior
cases
dealing
police
stops
motorists
public
highways
supra
utilized
balancing
analysis
approving
highway
checkpoints
detecting
illegal
aliens
brown
texas
supra
relevant
authorities
petitioners
concede
correctly
view
fourth
amendment
seizure
occurs
vehicle
stopped
checkpoint
tr
oral
arg
see
supra
agreed
checkpoint
stops
seizures
within
meaning
fourth
amendment
brower
county
inyo
fourth
amendment
seizure
occurs
governmental
termination
freedom
movement
means
intentionally
applied
emphasis
original
question
thus
becomes
whether
seizures
reasonable
fourth
amendment
important
recognize
inquiry
allegations
us
unreasonable
treatment
person
actual
detention
particular
checkpoint
see
laim
particular
exercise
discretion
locating
operating
checkpoint
unreasonable
subject
judicial
review
pursued
lower
courts
instant
action
challenges
use
sobriety
checkpoints
generally
address
initial
stop
motorist
passing
checkpoint
associated
preliminary
questioning
observation
checkpoint
officers
detention
particular
motorists
extensive
field
sobriety
testing
may
require
satisfaction
individualized
suspicion
standard
one
seriously
dispute
magnitude
drunken
driving
problem
interest
eradicating
media
reports
death
mutilation
nation
roads
legion
anecdotal
confirmed
statistical
drunk
drivers
cause
annual
death
toll
time
span
cause
nearly
one
million
personal
injuries
five
billion
dollars
property
damage
lafave
search
seizure
treatise
fourth
amendment
ed
decades
repeatedly
lamented
tragedy
south
dakota
neville
see
breithaupt
abram
increasing
slaughter
highways
reaches
astounding
figures
heard
battlefield
conversely
weight
bearing
scale
measure
intrusion
motorists
stopped
briefly
sobriety
checkpoints
slight
reached
similar
conclusion
intrusion
motorists
subjected
brief
stop
highway
checkpoint
detecting
illegal
aliens
see
supra
see
virtually
difference
levels
intrusion
motorists
brief
stops
necessary
effectuation
two
types
checkpoints
average
motorist
seem
identical
save
nature
questions
checkpoint
officers
might
ask
trial
appeals
thus
accurately
gauged
objective
intrusion
measured
duration
seizure
intensity
investigation
minimal
see
mich
respect
perceived
subjective
intrusion
motorists
however
appeals
found
intrusion
substantial
see
supra
first
affirmed
trial
finding
guidelines
governing
checkpoint
operation
minimize
discretion
officers
scene
also
agreed
trial
conclusion
checkpoints
potential
generate
fear
surprise
motorists
record
failed
demonstrate
approaching
motorists
aware
option
make
turnoffs
avoid
checkpoints
basis
deemed
subjective
intrusion
checkpoints
unreasonable
believe
michigan
courts
misread
cases
concerning
degree
subjective
intrusion
potential
generating
fear
surprise
fear
surprise
considered
natural
fear
one
drinking
prospect
stopped
sobriety
checkpoint
rather
fear
surprise
engendered
motorists
nature
stop
made
clear
comparing
checkpoint
stops
roving
patrol
stops
considered
prior
cases
said
view
checkpoint
stops
different
light
subjective
intrusion
generating
concern
even
fright
part
lawful
travelers
appreciably
less
case
checkpoint
stop
ortiz
noted
circumstances
surrounding
checkpoint
stop
search
far
less
intrusive
attending
stop
roving
patrols
often
operate
night
roads
approach
may
frighten
motorists
traffic
checkpoints
motorist
see
vehicles
stopped
see
visible
signs
officers
authority
much
less
likely
frightened
annoyed
intrusion
appeals
went
consider
part
balancing
analysis
effectiveness
proposed
checkpoint
program
based
extensive
testimony
trial
record
concluded
checkpoint
program
failed
effectiveness
part
test
failure
materially
discounted
petitioners
strong
interest
implementing
program
think
appeals
wrong
point
well
actual
language
brown
texas
upon
michigan
courts
based
evaluation
effectiveness
describes
balancing
factor
degree
seizure
advances
public
interest
passage
brown
meant
transfer
politically
accountable
officials
courts
decision
among
reasonable
alternative
law
enforcement
techniques
employed
deal
serious
public
danger
experts
police
science
might
disagree
several
methods
apprehending
drunken
drivers
preferable
ideal
purposes
fourth
amendment
analysis
choice
among
reasonable
alternatives
remains
governmental
officials
unique
understanding
responsibility
limited
public
resources
including
finite
number
police
officers
brown
rather
general
reference
degree
seizure
advances
public
interest
derived
opinion
makes
clear
line
cases
culminating
supra
neither
delaware
prouse
however
two
cases
cited
appeals
providing
basis
effectiveness
review
see
mich
supports
searching
examination
effectiveness
undertaken
michigan
delaware
prouse
supra
disapproved
random
stops
made
delaware
highway
patrol
officers
effort
apprehend
unlicensed
drivers
unsafe
vehicles
observed
empirical
evidence
indicated
stops
effective
means
promoting
roadway
safety
said
seems
common
sense
percentage
drivers
road
driving
without
license
small
number
licensed
drivers
stopped
order
find
one
unlicensed
operator
large
indeed
observed
random
stops
involved
kind
standardless
unconstrained
discretion
evil
discerned
previous
cases
insisted
discretion
official
field
circumscribed
least
extent
went
state
holding
cast
doubt
permissibility
roadside
truck
inspection
checkpoints
vehicles
may
subject
detention
safety
regulatory
inspection
others
unlike
prouse
case
involves
neither
complete
absence
empirical
data
challenge
random
highway
stops
operation
saginaw
county
checkpoint
detention
vehicles
entered
checkpoint
resulted
arrest
two
drunken
drivers
stated
percentage
approximately
percent
drivers
passing
checkpoint
arrested
alcohol
impairment
addition
expert
witness
testified
trial
experience
demonstrated
whole
sobriety
checkpoints
resulted
drunken
driving
arrests
around
percent
motorists
stopped
mich
way
comparison
record
one
consolidated
cases
showed
associated
checkpoint
illegal
aliens
found
percent
vehicles
passing
checkpoint
see
ratio
illegal
aliens
detected
vehicles
stopped
considering
occasion
two
illegal
aliens
found
single
vehicle
approximately
percent
see
ibid
concluded
record
provides
rather
complete
picture
effectiveness
san
clemente
checkpoint
sustained
constitutionality
see
justification
different
conclusion
sum
balance
state
interest
preventing
drunken
driving
extent
system
reasonably
said
advance
interest
degree
intrusion
upon
individual
motorists
briefly
stopped
weighs
favor
state
program
therefore
hold
consistent
fourth
amendment
judgment
michigan
appeals
accordingly
reversed
cause
remanded
proceedings
inconsistent
opinion
ordered
statistical
evidence
incorporated
justice
stevens
dissent
suggests
figure
declined
see
post
citing
dept
transportation
national
highway
traffic
safety
administration
fatal
accident
reporting
system
period
police
departments
experimented
sobriety
checkpoint
systems
petitioners
instance
operated
checkpoint
may
see
app
pet
cert
maryland
state
police
checkpoint
program
much
testimony
given
trial
began
december
see
id
indeed
quite
possible
jurisdictions
recently
decided
implement
sobriety
checkpoint
systems
relied
data
assessing
likely
utility
checkpoints
justice
blackmun
concurring
judgment
concur
judgment
fully
agree
lamentations
slaughter
highways
dangers
posed
almost
everyone
driver
influence
alcohol
drug
add
comment
remind
almost
years
since
perez
campbell
writing
three
others
longer
noted
slaughter
highways
nation
exceeds
death
toll
wars
detected
little
genuine
public
concern
takes
place
midst
daily
travel
routes
see
also
tate
short
concurring
statement
appendix
writing
perez
set
forth
official
figures
effect
period
deaths
exceeded
death
toll
wars
little
doubt
figures
supplemented
two
decades
since
disclose
even
discouraging
comparison
pleased
course
stressing
tragic
aspect
american
life
see
ante
justice
brennan
justice
marshall
joins
dissenting
today
rejects
fourth
amendment
challenge
sobriety
checkpoint
policy
police
stop
cars
inspect
drivers
signs
intoxication
without
individualized
suspicion
specific
driver
intoxicated
balancing
state
interest
preventing
drunken
driving
extent
system
reasonably
said
advance
interest
degree
intrusion
upon
individual
motorists
briefly
stopped
ante
reasons
stated
justice
stevens
parts
ii
dissenting
opinion
agree
misapplies
test
undervaluing
nature
intrusion
exaggerating
law
enforcement
need
use
roadblocks
prevent
drunken
driving
see
also
brennan
dissenting
write
separately
express
additional
points
majority
opinion
creates
impression
generally
engages
balancing
test
order
determine
constitutionality
seizures
least
dealing
police
stops
motorists
public
highways
ante
case
cases
police
must
possess
probable
cause
seizure
judged
reasonable
see
dunaway
new
york
seizure
substantially
less
intrusive
emphasis
added
typical
arrest
general
rule
replaced
balancing
test
agree
initial
stop
car
roadblock
michigan
state
police
sobriety
checkpoint
policy
sufficiently
less
intrusive
arrest
reasonableness
seizure
may
judged
presence
probable
cause
balancing
gravity
public
concerns
served
seizure
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seizure
advances
public
interest
severity
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individual
liberty
brown
texas
one
searches
majority
opinion
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acknowledgment
reason
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indeed
opinion
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minimal
nature
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reasonableness
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slight
ante
asserts
without
explanation
balance
weighs
favor
state
program
ante
ignores
fact
class
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generally
required
government
prove
reasonable
suspicion
minimally
intrusive
seizure
considered
reasonable
see
delaware
prouse
terry
ohio
level
individualized
suspicion
core
component
protection
fourth
amendment
provides
arbitrary
government
action
see
prouse
supra
supra
brennan
dissenting
action
based
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curiosity
particular
officer
antithesis
objective
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requisite
reasonable
conduct
avoiding
abuse
harassment
holding
level
suspicion
necessary
police
may
stop
car
purpose
preventing
drunken
driving
potentially
subjects
general
public
arbitrary
harassing
conduct
police
hoped
taking
step
carefully
explain
plan
fits
within
constitutional
framework
presumably
purports
draw
support
supra
case
upheld
program
subjects
general
public
suspicionless
seizures
justice
stevens
demonstrates
post
michigan
state
police
policy
sufficiently
different
progam
issue
reliance
unavailing
moreover
even
policy
issue
comparable
program
issue
follow
balance
factors
case
also
justifies
abandoning
requirement
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suspicion
explained
suspicionless
stops
justified
since
requirement
stops
based
reasonable
suspicion
impractical
flow
traffic
tends
heavy
allow
particularized
study
given
car
enable
identified
possible
carrier
illegal
aliens
showing
case
similar
difficulty
detecting
individuals
driving
influence
alcohol
intuitively
obvious
difficulty
exists
see
prouse
supra
stopping
every
car
might
make
easier
prevent
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driving
see
post
insufficient
justification
abandoning
requirement
individualized
suspicion
needs
law
enforcement
stand
constant
tension
constitution
protections
individual
certain
exercises
official
power
precisely
predictability
pressures
counsels
resolute
loyalty
constitutional
safeguards
without
proof
police
develop
individualized
suspicion
person
driving
impaired
alcohol
believe
constitutional
balance
must
struck
favor
protecting
public
even
minimally
intrusive
seizures
involved
case
dispute
immense
social
cost
caused
drunken
drivers
slight
government
efforts
prevent
tragic
losses
indeed
hazard
guess
today
opinion
received
favorably
majority
society
willingly
suffer
minimal
intrusion
sobriety
checkpoint
stop
order
prevent
drunken
driving
consensus
particular
law
enforcement
technique
serves
laudable
purpose
never
touchstone
constitutional
analysis
fourth
amendment
designed
merely
protect
official
intrusions
whose
social
utility
less
measured
balancing
test
intrusion
individual
privacy
designed
addition
grant
individual
zone
privacy
whose
protections
breached
reasonable
requirements
standard
met
moved
whatever
momentary
evil
aroused
fears
officials
perhaps
even
supported
majority
citizens
may
tempted
conduct
searches
sacrifice
liberty
citizen
assuage
perceived
evil
fourth
amendment
rests
principle
true
balance
individual
society
depends
recognition
right
let
alone
comprehensive
rights
right
valued
civilized
men
olmstead
brandeis
dissenting
new
jersey
brennan
concurring
part
dissenting
part
omitted
justice
stevens
justice
brennan
justice
marshall
join
parts
ii
dissenting
sobriety
checkpoint
usually
operated
night
unannounced
location
surprise
crucial
method
test
operation
conducted
michigan
state
police
saginaw
county
sheriff
department
began
shortly
midnight
lasted
period
officers
participating
operation
made
two
arrests
stopped
questioned
unsuspecting
innocent
drivers
course
known
many
arrests
made
period
officers
engaged
normal
patrol
activities
however
findings
trial
based
extensive
record
affirmed
michigan
appeals
indicate
net
effect
sobriety
checkpoints
traffic
safety
infinitesimal
possibly
negative
indeed
record
case
makes
clear
decision
holding
suspicionless
seizures
unconstitutional
impede
law
enforcement
community
remarkable
progress
reducing
death
toll
highways
michigan
program
patterned
older
program
maryland
trial
judge
gave
special
attention
state
experience
period
several
years
maryland
operated
checkpoints
motorists
passing
checkpoints
persons
arrested
number
devoted
operations
record
seems
inconceivable
higher
arrest
rate
achieved
conventional
means
yet
even
checkpoint
arrests
assumed
involve
net
increase
number
drunken
driving
arrests
per
year
figure
still
insignificant
comparison
arrests
made
michigan
state
police
without
checkpoints
alone
see
app
pet
cert
relationship
sobriety
checkpoints
actual
reduction
highway
fatalities
even
less
substantial
minimal
impact
arrest
rates
michigan
appeals
pointed
maryland
conducted
study
comparing
traffic
statistics
county
using
checkpoints
control
county
results
study
showed
accidents
checkpoint
county
decreased
ten
percent
whereas
control
county
saw
eleven
percent
decrease
fatal
accidents
control
county
fell
sixteen
three
fatal
accidents
checkpoint
county
actually
doubled
prior
year
app
light
considerations
seems
evident
today
misapplies
balancing
test
announced
brown
texas
overvalues
law
enforcement
interest
using
sobriety
checkpoints
undervalues
citizen
interest
freedom
random
announced
investigatory
seizures
mistakenly
assumes
virtually
difference
routine
stop
permanent
fixed
checkpoint
surprise
stop
sobriety
checkpoint
believe
case
controlled
several
precedents
condemning
suspicionless
random
stops
motorists
investigatory
purposes
delaware
prouse
ortiz
cf
carroll
critical
difference
seizure
preceded
fair
notice
one
effected
surprise
see
wyman
james
michigan
tyler
stevens
concurring
part
concurring
judgment
one
reason
border
search
indeed
search
permanent
fixed
checkpoint
much
less
intrusive
random
stop
motorist
advance
notice
location
permanent
checkpoint
opportunity
avoid
search
entirely
least
prepare
limit
intrusion
privacy
opportunity
available
case
random
stop
temporary
checkpoint
depend
effectiveness
element
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driver
discovers
unexpected
checkpoint
familiar
local
road
startled
distressed
may
infer
correctly
checkpoint
simply
business
usual
may
likewise
infer
correctly
police
made
discretionary
decision
focus
law
enforcement
efforts
upon
others
pass
chosen
point
element
surprise
obvious
distinction
sobriety
checkpoints
permitted
today
majority
interior
border
checkpoints
approved
distinction
casts
immediate
doubt
upon
majority
argument
case
upheld
suspicionless
seizures
motorists
difference
notice
surprise
one
important
reasons
distinguishing
permanent
mobile
checkpoints
respect
former
room
discretion
either
timing
location
stop
permanent
part
landscape
latter
case
however
although
checkpoint
frequently
employed
hours
darkness
weekends
drivers
alcohol
blood
apt
found
road
police
extremely
broad
discretion
determining
exact
timing
placement
roadblock
also
significant
difference
kind
discretion
officer
exercises
stop
made
check
driver
license
identification
papers
immigration
checkpoint
far
easily
standardized
search
evidence
intoxication
michigan
officer
questions
motorist
sobriety
checkpoint
virtually
unlimited
discretion
detain
driver
basis
slightest
suspicion
ruddy
complexion
unbuttoned
shirt
bloodshot
eyes
speech
impediment
may
suffice
prolong
detention
driver
consumed
glass
beer
even
sip
wine
almost
certainly
burden
demonstrating
officer
driving
ability
impaired
finally
significant
many
stops
permanent
checkpoints
occur
daylight
hours
whereas
sobriety
checkpoints
almost
invariably
operated
night
seizure
followed
interrogation
even
cursory
search
night
surely
offensive
daytime
stop
almost
routine
going
tollgate
thus
thought
important
point
random
stops
issue
ortiz
frequently
occurred
night
fears
solely
lot
guilty
see
ante
law
abiding
necessarily
spotless
even
virtuous
unlucky
unwanted
attention
local
police
need
less
discomforting
simply
one
secrets
stuff
criminal
prosecutions
moreover
found
reason
prejudice
misfortune
encounters
police
may
become
adversarial
unpleasant
without
good
cause
grounds
worrying
stop
designed
elicit
signs
suspicious
behavior
stopped
police
distressing
even
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mildly
may
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turn
severe
reasons
believe
case
analogous
opinion
sobriety
checkpoints
instead
similar
respects
intrusive
random
investigative
stops
held
unconstitutional
prouse
latter
case
explained
agree
stopping
detaining
vehicle
ordinary
city
street
less
intrusive
stop
major
highway
bears
greater
resemblance
permissible
stop
secondary
detention
checkpoint
near
border
regard
note
limited
stops
roads
applied
stop
border
patrol
agents
type
roadway
less
reasonable
suspicion
see
ortiz
assume
physical
psychological
intrusion
visited
upon
occupants
vehicle
random
stop
check
documents
less
moment
occasioned
stop
border
agents
roving
patrol
stops
generally
entail
law
enforcement
officers
signaling
moving
automobile
pull
side
roadway
means
possibly
unsettling
show
authority
interfere
freedom
movement
inconvenient
consume
time
may
create
substantial
anxiety
sufficiently
productive
mechanism
justify
intrusion
upon
fourth
amendment
interests
stops
entail
record
us
question
must
answered
negative
given
alternative
mechanisms
available
use
might
adopted
unconvinced
incremental
contribution
highway
safety
random
spot
check
justifies
practice
fourth
amendment
ii
unable
draw
persuasive
analogy
rests
decision
today
application
general
balancing
test
taken
brown
texas
case
appellant
pedestrian
stopped
questioning
area
el
paso
texas
high
incidence
drug
traffic
looked
suspicious
arrested
convicted
refusing
identify
police
officers
set
aside
conviction
officers
stopped
lacked
reasonable
suspicion
engaged
criminal
activity
opinion
stated
consideration
constitutionality
seizures
involves
weighing
gravity
public
concerns
served
seizure
degree
seizure
advances
public
interest
severity
interference
individual
liberty
already
explained
believe
quite
wrong
blithely
asserting
sobriety
checkpoint
intrusive
permanent
checkpoint
opinion
unannounced
investigatory
seizures
particularly
take
place
night
hallmark
regimes
far
different
surprise
intrusion
upon
individual
liberty
minimal
issue
difference
may
amount
nothing
less
difference
respective
evaluations
importance
individual
liberty
serious
albeit
inevitable
source
constitutional
disagreement
degree
sobriety
checkpoint
seizures
advance
public
interest
however
position
wholly
indefensible
analysis
issue
resembles
business
decision
measures
profits
counting
gross
receipts
ignoring
expenses
evidence
case
indicates
sobriety
checkpoints
result
arrest
fraction
one
percent
drivers
stopped
absolutely
evidence
figure
represents
increase
number
arrests
made
using
law
enforcement
resources
conventional
patrols
thus
although
gross
number
arrests
zero
complete
failure
proof
question
whether
wholesale
seizures
produced
net
advance
public
interest
arresting
intoxicated
drivers
indeed
position
adopted
today
one
endorsed
law
enforcement
authorities
purports
defer
see
ante
michigan
police
rely
ante
arrest
rate
sobriety
checkpoints
justify
stops
made
colonel
hough
commander
michigan
state
police
leading
proponent
checkpoints
admitted
trial
arrest
rate
checkpoints
low
record
instead
colonel
hough
state
maintained
mere
threat
arrests
sufficient
deter
drunken
driving
reduce
accident
rate
maryland
police
officer
testified
trial
took
position
respect
state
program
obviously
nothing
wrong
law
enforcement
technique
reduces
crime
pure
deterrence
without
punishing
anybody
contrary
approach
highly
commendable
one
however
prove
efficacy
counting
arrests
made
one
must
instead
measure
number
crimes
avoided
perhaps
record
wanting
simply
ignores
point
sparse
analysis
issue
differs
markedly
justice
powell
opinion
merely
count
arrests
made
san
clemente
checkpoint
also
carefully
explained
arrests
represented
net
benefit
law
enforcement
interest
stake
common
sense
moreover
suggests
immigration
checkpoints
necessary
sobriety
checkpoints
reason
smuggling
illegal
aliens
impair
motorist
driving
ability
intoxication
noticeably
affect
driving
ability
unlawful
drunken
driving
unlike
smuggling
may
thus
detected
absent
checkpoints
program
produces
thousands
otherwise
impossible
arrests
relevant
precedent
program
produces
handful
arrests
easily
obtained
without
resort
suspicionless
seizures
hundreds
innocent
citizens
iii
disturbing
aspect
decision
today
appears
give
weight
citizen
interest
freedom
suspicionless
unannounced
investigatory
seizures
although
author
opinion
reiterate
description
interest
diaphanous
see
delaware
prouse
rehnquist
dissenting
opinion
implicitly
adopts
characterization
hand
places
heavy
thumb
law
enforcement
interest
looking
gross
receipts
instead
net
benefits
perhaps
tampering
scales
justice
explained
obvious
concern
slaughter
highways
resultant
tolerance
policies
designed
alleviate
problem
setting
example
motorists
possibility
prompts
two
observations
first
objections
random
seizures
temporary
checkpoints
apply
host
investigatory
procedures
depend
upon
surprise
unquestionably
permissible
procedures
used
address
threats
human
life
less
pressing
threat
posed
drunken
drivers
example
common
practice
require
every
prospective
airline
passenger
every
visitor
public
building
pass
metal
detector
reveal
presence
firearm
explosive
permanent
non
discretionary
checkpoints
used
control
serious
dangers
publicly
operated
facilities
concealed
weapons
obviously
represent
one
substantial
threat
public
safety
suppose
subway
passengers
required
pass
metal
detectors
long
detectors
permanent
every
passenger
subjected
search
likewise
suppose
state
condition
access
toll
roads
upon
paying
toll
also
taking
uniformly
administered
breathalyzer
test
requirement
might
well
keep
drunken
drivers
highways
serve
fastest
dangerous
traffic
procedure
subject
constitutional
objections
control
case
checkpoints
permanently
fixed
stopping
procedure
apply
users
toll
road
precisely
way
police
officers
free
make
arbitrary
choices
neighborhoods
targeted
individuals
thoroughly
searched
random
suspicionless
seizures
designed
search
evidence
firearms
drugs
intoxication
belong
however
fundamentally
different
category
seizures
play
upon
detained
individual
reasonable
expectations
privacy
injecting
suspicionless
search
context
none
normally
occur
imposition
seems
diaphanous
today
may
intolerable
tomorrow
see
boyd
second
sobriety
checkpoints
elaborate
disquieting
publicity
stunts
possibility
anybody
matter
innocent
may
stopped
police
inspection
nothing
attention
getting
shock
value
checkpoint
program
may
effective
feature
lieutenant
cotten
maryland
state
police
defense
witness
testified
media
coverage
absolutely
overwhelming
quite
frankly
got
benefits
controversy
sobriety
checkpoints
insofar
state
seeks
justify
use
sobriety
checkpoints
basis
dramatize
public
interest
prevention
accidents
heed
justice
scalia
comment
upon
similar
justification
drug
screening
program
plausible
explanation
view
commissioner
offered
concluding
sentence
memorandum
customs
service
employees
announcing
program
implementation
drug
screening
program
set
important
example
country
struggle
serious
threat
national
health
security
app
respondent
brief
asserted
law
enforcement
agency
employees
take
law
seriously
neither
public
agency
effectiveness
depends
brief
respondent
better
way
show
government
serious
war
drugs
subject
employees
front
line
war
invasion
privacy
affront
dignity
sure
slight
chance
prevent
serious
public
harm
resulting
service
employee
drug
use
show
world
service
clean
important
demonstrate
determination
government
eliminate
scourge
society
think
obvious
justification
unacceptable
impairment
individual
liberties
means
making
point
symbolism
even
symbolism
worthy
cause
abolition
unlawful
drugs
validate
otherwise
unreasonable
search
treasury
employees
von
raab
dissenting
opinion
respectfully
dissent
footnotes
fatality
rate
per
million
miles
traveled
steadily
declined
span
absolute
number
fatalities
also
decreased
albeit
less
steadily
approximately
dept
transportation
national
highway
traffic
safety
administration
fatal
accident
reporting
system
ch
hereinafter
fatal
accident
reporting
system
alcohol
remains
substantial
cause
accidents
progress
made
front
well
since
alcohol
use
drivers
fatal
crashes
steadily
decreased
proportion
drivers
estimated
legally
intoxicated
blood
alcohol
concentration
greater
dropped
reduction
proportion
fatally
injured
drivers
legally
intoxicated
dropped
decrease
past
seven
years
proportion
drivers
involved
fatal
crashes
intoxicated
decreased
age
groups
significant
drop
continues
year
old
age
group
nhtsa
estimated
teenaged
drivers
fatal
crashes
drunk
compared
overview
app
pet
cert
figures
roughly
comparable
see
state
ex
rel
ekstrom
justice
cars
stopped
persons
arrested
drunken
driving
ingersoll
palmer
cal
vehicles
screened
arrests
drunken
driving
state
garcia
ind
app
cars
stopped
seven
arrests
drunken
driving
made
two
hours
operation
state
mclaughlin
ind
app
cars
stopped
three
arrests
drunken
driving
state
deskins
prager
dissenting
vehicles
stopped
arrests
made
police
consumed
commonwealth
trumble
mass
cars
stopped
eight
arrests
participating
officers
state
koppel
vehicles
stopped
arrests
driving
intoxicated
sheriffs
macomb
county
kalamazoo
county
wayne
county
testified
means
used
counties
combat
drunk
driving
respective
opinions
methods
currently
use
patrol
cars
effective
means
combating
drunk
driving
utilizing
law
enforcement
resources
sobriety
checkpoints
app
michigan
plan
provides
locations
selected
consideration
previous
alcohol
drug
experience
per
time
day
day
week
identified
arrests
michigan
accident
location
index
data
app
pet
cert
specific
site
selection
based
following
criteria
safety
location
citizens
law
enforcement
personnel
site
selected
shall
safe
area
stopping
driver
must
afford
oncoming
traffic
sufficient
sight
distance
driver
safely
come
stop
upon
approaching
checkpoint
location
must
ensure
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inconvenience
driver
facilitate
safe
stopping
traffic
one
direction
pilot
program
roadway
choice
must
ensure
sufficient
adjoining
space
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pull
vehicle
traveled
portion
roadway
inquiry
necessary
consideration
given
physical
space
requirements
shown
appendixes
see
record
however
inappropriate
exaggerate
concern
relying
outdated
statistic
tertiary
source
quotation
edition
professor
lafave
treatise
ante
turn
drawn
law
review
note
quotes
house
committee
report
give
source
figures
see
lafave
search
seizure
ed
citing
note
curbing
drunk
driver
fourth
amendment
constitutionality
roadblock
seizures
geo
citing
justice
blackmun
citation
ante
opinion
concurring
judgment
opinion
perez
campbell
opinion
concurring
part
dissenting
part
even
wider
mark
since
case
nothing
drunken
driving
number
highway
fatalities
since
declined
significantly
despite
increase
highway
usage
looking
instead
recent
data
national
highway
traffic
safety
administration
one
finds
traffic
fatalities
involving
legally
intoxicated
persons
additional
traffic
fatalities
involving
persons
alcohol
exposure
course
latter
category
persons
arrested
sobriety
checkpoint
even
total
number
traffic
fatalities
significantly
figure
located
student
commentator
embraced
today
numbers
course
include
accidents
might
caused
sober
driver
involved
intoxicated
person
also
include
accidents
legally
intoxicated
pedestrians
bicyclists
killed
accidents
account
total
accidents
involving
legally
intoxicated
persons
checkpoints
presumably
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intercept
tipsy
pedestrians
cyclists
see
fatal
accident
reporting
system
overview
ch
see
also
record
dissents
cases
touted
relevant
state
interests
detail
justice
white
joined
author
today
majority
opinion
wrote
fact
illegal
crossings
legal
ports
entry
numerous
recurring
hope
intercepting
illegal
entrants
maintaining
kind
credible
deterrent
essential
permanent
temporary
checkpoints
maintained
away
borders
roving
patrols
conducted
discover
intercept
illegal
entrants
filter
established
roads
highways
attempt
move
away
border
area
purpose
border
patrol
maintained
roving
patrol
involved
case
conducted
random
spot
checks
automobiles
vehicular
traffic
whole
point
enforcing
motor
vehicle
safety
regulations
remove
road
unlicensed
driver
demonstrates
unlicensed
well
recall
words
justice
jackson
soon
return
nuremberg
trials
fourth
amendment
rights
protest
mere
rights
belong
catalog
indispensable
freedoms
among
deprivations
rights
none
effective
cowing
population
crushing
spirit
individual
putting
terror
every
heart
uncontrolled
search
seizure
one
first
effective
weapons
arsenal
every
arbitrary
government
brinegar
jackson
dissenting
see
walters
national
assn
radiation
survivors
dissenting
opinion
hudson
palmer
dissenting
opinion
meachum
fano
dissenting
opinion
refers
expert
testimony
arrest
rate
around
percent
ante
fair
reading
entire
testimony
witness
together
statistical
evidence
record
points
significantly
lower
percentage
indeed
single
officer
patrol
car
parked
place
sobriety
checkpoint
doubt
able
make
arrests
based
officer
observation
way
intoxicated
driver
operating
vehicle
colonel
hough
testimony
included
following
exchanges
true
colonel
purpose
effectuating
attempting
effectuate
checkpoint
plan
obtain
large
numbers
arrest
drunk
drivers
correct
correct
far
aware
tried
found
getting
high
rate
arrests
yes
understanding
purpose
colonel
attempting
implement
plan
intend
use
get
drunk
drivers
arrested
deter
drinking
driving
app
knowledge
maryland
study
part
reviewed
check
lanes
effective
tool
arresting
drunk
drivers
relied
upon
number
arrests
judge
successfulness
understanding
aware
within
announcements
went
public
indication
checkpoints
effectuate
sic
arrest
drunk
drivers
goal
effectuate
arrests
drunk
drivers
well
part
role
sure
certainly
primary
goal
primary
goal
reduce
alcohol
related
accidents
primary
goal
stretch
effectuate
high
rate
arrests
within
program
goal
effectuate
rise
arrests
use
different
technique
know
record
ross
testimony
regarding
low
actual
arrest
rate
checkpoint
programs
corroborated
testimony
one
defendants
witnesses
lieutenant
raymond
cotten
maryland
state
police
mich
previous
cases
recognized
maintenance
traffic
checking
program
interior
necessary
flow
illegal
aliens
controlled
effectively
border
note
substantiality
public
interest
practice
routine
stops
inquiry
permanent
checkpoints
practice
government
identifies
important
operations
brief
pp
checkpoints
located
important
highways
absence
highways
offer
illegal
aliens
quick
safe
route
interior
routine
checkpoint
inquiries
apprehend
many
smugglers
illegal
aliens
succumb
lure
highways
prospect
inquiries
forces
others
onto
less
efficient
roads
less
heavily
traveled
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movement
making
vulnerable
detection
roving
patrols
cf
requirement
stops
major
routes
inland
always
based
reasonable
suspicion
impractical
flow
traffic
tends
heavy
allow
particularized
study
given
car
enable
identified
possible
carrier
illegal
aliens
particular
requirement
largely
eliminate
deterrent
conduct
smuggling
operations
even
though
smugglers
known
use
highways
regularly
omitted
traffic
fatalities
also
susceptible
reduction
public
information
campaigns
way
crimes
example
smuggling
armed
assault
intoxicated
driver
likely
victim
percent
killed
accidents
involving
legally
intoxicated
drivers
legally
intoxicated
drivers
fatal
accident
reporting
system
overview
cf
skinner
railway
labor
executives
stevens
concurring
part
concurring
judgment
conscious
possibilities
accident
might
occur
alcohol
drug
use
might
contributing
factor
risk
serious
personal
injury
deter
use
substances
seems
highly
unlikely
additional
threat
loss
employment
effect
behavior
example
traffic
fatalities
involving
legally
intoxicated
persons
one
subtracts
number
legally
intoxicated
drivers
killed
crashes
remain
fatalities
somebody
intoxicated
driver
killed
accident
involving
legally
intoxicated
persons
number
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includes
however
accidents
legally
intoxicated
pedestrians
stepped
front
sober
drivers
killed
fatal
accident
reporting
system
overview
see
also
supra
contrast
total
murders
non
negligent
manslaughters
approximately
committed
firearm
another
committed
sort
knife
dept
justice
source
book
criminal
justice
statistics
statistics
seem
follow
someone
drive
legally
intoxicated
likely
killed
armed
assailant
intoxicated
driver
threat
life
concealed
weapons
thus
appears
comparable
threat
drunken
driving
permanent
non
discretionary
checkpoints
already
common
practice
public
libraries
often
require
every
patron
submit
brief
search
books
leave
passing
special
detector
record
colonel
hough
lieutenant
cotten
agreed
publicity
news
media
integral
part
checkpoint
program
colonel
hough
example
testified
follows
observed
colonel
time
media
campaign
regard
crackdown
implementing
positive
effect
believe
effect
yes
order
positive
effect
media
campaign
continue
necessary
continue
announcements
putting
yes
true
much
media
publicity
attendant
sobriety
checkpoint
come
public
service
announcements
general
media
attention
issue
placing
newspapers
public
interest
story
yes
television
public
interest
stories
yes
anticipate
colonel
level
media
interest
matter
continue
long
haul
certain
wane
period
time
ever
given
thought
whether
different
type
deterrent
program
type
attendant
media
attention
similar
deterrent
effect
expect
checkpoint
done
save
program
care
program
selective
enforcement
probably
received
great
attention
question
ever
given
thought
whether
different
technique
attendant
media
publicity
gotten
effect
looking