3 Cases You Need to Know About Tennessee DUI Road Block Cases

1. 3 Cases You Need to Know About Tennessee DUI Road Block Cases Rob McKinney Attorney at Law www.mckinneylawfirm.com www.nashvillecriminallawreport.com

2. State v. Downey 945 S.W.2d 102 • To be constitutionally valid, a sobriety road block must be established and conducted in accordance with a prefixed, objective plan which limits the unfettered police discretion and minimizes the risk of arbitrary intrusion • In State v. Downey the roadblock was set up for the purpose of checking driver’s license in accordance with a general order from the Dept. of Safety

3. State v. Downey 945 S.W.2d 102 • The court found that the lack of administrative or supervisory decision making was also evidenced by the absence of publicity surrounding the road block

4. State v. Hicks 55 S.W.3d 515 • The court reaffirmed the characteristics of a road block that minimized the risk of arbitrary intrusion under Article 1, Section 7—Including: • Stopping all cars traveling in both directions, unless suggested traffic requires permitting motorists to pass through • Taking adequate safety precautions (i.e. warning approaching motorists and stopping cars in safe areas)

5. State v. Hicks 55 S.W.3d 515 • Conduct a road block with uniformed officers and marked patrol cars with flashing emergency lights • Provide advanced publicity of road blocks to the public at large • Police must adhere to the standards set forth in State v. Hicks before road block will pass constitutional muster

6. State v. Binion 900 S.W.2d 702 • You can avoid a road block • Roadblock guidelines used by law enforcement officers in Michigan v. Stiz and the TN Highway Patrol contain provisions prohibiting officers from apprehending motorists who make safe U-Turns or turn-offs to avoid the road block

7. THANK YOU • ROB MCKINNEYATTORNEY AT LAW214 SECOND AVENUE NORTH, SUITE 103NASHVILLE, TN 37201(615) 259-9009  Phone(615) 242-5967  Faxrob@robmckinneylaw.comwww.mckinneylawfirm.comwww.nashvillecriminallawreport.com