Lawmakers in Austin are considering the adoption of legislation that would authorize the establishment of sobriety checkpoints in Texas. Senator John Carona R- Dallas has introduced SB 298 and Representative Todd Smith R- Euless authored HB 169. Both bills would authorize sobriety checkpoints. A sobriety checkpoint is a police investigation during which all motorists passing through a particular location at a particular time have their car stopped by the police. If you pass through a sobriety checkpoint police will stop your car without any level of suspicion that you are engaged in some wrongdoing. For example, at a checkpoint you may be stopped without any indication that you are Driving While Intoxicated (DWI).
It is for this reason that many people believe that sobriety checkpoints violate individual rights to be free from unreasonable search and seizure guaranteed under the Fourth Amendment to the U.S. Constitution. In fact, in a pair of cases decided by our Court of Criminal Appeals fifteen years ago known as Sanchez v. State, 856 S.W.2d 166 (Tex. Crim. App. 1993) and Holt v. State, 887 S.W.2d 16 (Tex. Crim. App. 1994), the Court held that sobriety checkpoints established without specific legislative authorization, did in fact violate the Fourth Amendment.
Well, fast forward fifteen years and that specific legislative authorization is poised to become law. Very soon, sobriety checkpoints may be a reality for all Texas motorists.
It is for this reason that many people believe that sobriety checkpoints violate individual rights to be free from unreasonable search and seizure guaranteed under the Fourth Amendment to the U.S. Constitution. In fact, in a pair of cases decided by our Court of Criminal Appeals fifteen years ago known as Sanchez v. State, 856 S.W.2d 166 (Tex. Crim. App. 1993) and Holt v. State, 887 S.W.2d 16 (Tex. Crim. App. 1994), the Court held that sobriety checkpoints established without specific legislative authorization, did in fact violate the Fourth Amendment.
Well, fast forward fifteen years and that specific legislative authorization is poised to become law. Very soon, sobriety checkpoints may be a reality for all Texas motorists.
thanks! :)
lets write them until the admit it, or stop doing it! i am writing them now!
:)
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