| So how can the State of Tennessee set up a | | | | States to decide the case of State v. Downey, in |
| DUI Road block? Well they can, it all flows from | | | | Downey the Court stated the three part test to |
| the Supreme Court of the United States decision | | | | determine the Constitutionality of the Tennessee |
| in Michigan v. Sitz. A Nashville Tennessee DUI | | | | DUI Road Blocks. Ok so how do they really apply |
| Road Block is on it's face a violation of the 4th | | | | here in Tennessee DUI Road Blocks? |
| Amendment, however there are exceptions to | | | | (1) They must show a state interest that is so |
| the violation that the Supreme Court has | | | | compelling that it allows an intrusion into your 4th |
| recognized and so followed by our Tennessee | | | | Amendment rights to be free from unwarranted |
| Supreme Court in State v. Downey. | | | | seizures, well the state did find a reason to justify |
| It is understood that the 4th Amendment | | | | the intrusion, and it was preventing Tennessee |
| provides protection from seizures, (ie being pulled | | | | DUI under the right circumstances, ie the gravity |
| over by the police), as such the police have to | | | | of public concern in preventing Tennessee DUI. |
| have probable cause to believe that you | | | | (2) Does the Tennessee DUI Road Blocks work, |
| committed a traffic violation or articulable suspicion | | | | ie, is it an effective tool, not just some random |
| to stop you as a motorist. | | | | ineffective procedure. The court used statistics |
| In Michigan v. Sitz the Supreme Court of the | | | | from prior cases to show effectiveness in this |
| United States held that a DUI Road block does | | | | technique of preventing Tennessee DUI. |
| not violate the 4th Amendment as long as certain | | | | (3) Make the interference with your liberty |
| requirements are met. So what are the | | | | minimal as possible. |
| requirements that the DUI Road Block must | | | | This is accomplished in a Nashville Tennessee DUI |
| meet? | | | | Road Blocks by setting out guidelines that each |
| (1) The gravity of the public concerns served by | | | | Road block must follow. These guidelines are |
| the seizure | | | | things like adequate warnings, length and nature of |
| (2) The degree by which the seizure advances | | | | each detention they make, (meaning how long |
| the public interest | | | | they hold each car). Safety of Nashville |
| (3) The severity of the interference with public | | | | Tennessee DUI Road Blocks, and stopping both |
| liberty | | | | directions of traffic. |
| The Tennessee Supreme Court used this case | | | | Posted by Daniel L. |
| law from the Supreme Court of the United | | | | |
