CHL ID badge for OC

[SA_Steve]

Unfortunately it IS legal to have roadblocks and all that goes with them. Supreme Court of U.S. long ago ruled on this.

Some cops have enough integrity to not participate in them.

[Glockster]

Unfortunately it IS legal to have roadblocks and all that goes with them. Supreme Court of U.S. long ago ruled on this.

Some cops have enough integrity to not participate in them.

I thought that DUI roadblocks were not legal in Texas (one of 12 states where that is so) based on King v. State, 816 S.W.2d and that Texas supreme court held that “a stop at a sobriety checkpoint constitutes a seizure within the context of U.S. Const. amend. IV.???

(From https://roselawtx.wordpress.com/2010/07 ... oadblocks/)

1. There is no current statute on the books which allows a police agency to set up a DWI roadblock. A police agency or political subdivision of the state (such as a city or a county) does not have the legal authority to implement one on their own. Only the State of Texas can pass such a law for enforcement here. See State v. Holt, 887 S.W.2d 16 (Tex.Crim.App. — 1994). Texas law does allow police to create checkpoints for driver’s license checks, however, those checkpoints cannot be used as an excuse, ruse, or pretext for a sobriety checkpoint. See King v. State, 816 S.W.2d 447 (Tex.App. — Dallas, 1991).

2. Any DWI or sobriety checkpoint must satisfy a well-established three-pronged balancing test or else it violates the Fourth Amendment to the U.S Constitution and Article I, Section 9 of the Texas Constitution’s prohibition against unreasonable search and seizure. the prongs are: (a) the interest of the state in preventing accidents caused by drunk drivers; (b) the effectiveness of DWI roadblocks in achieving such goal, and (c) the level of intrusion on an individual’s privacy. Brown v. Texas, 443 U.S. 47 (1979), and State v. Van Natta, 805 S.W.2d 40 (Tex.App. — Ft. Worth, 1991).

[SA_Steve]

I take it all back, must have lived out of state too long where it was a big issue.

Anyway, looks like state / local agencies cannot do roadblocks in TX.

I sure remember them when I was a lot younger in TX, maybe a mental failure - very possible.

Perhaps I don't remember DWI vs. DL check...not that it really matters in practice.

What's weird about the quote above is the language about a law that 'permits' something. I always think of laws as prohibiting something.

[WTR]

I was stopped twce within the last 4 weeks at road blocks set up by Tx Sheriff's Deputies. Pretense was DL and insurance. They also asked about drinking and commented on my wearing of a seat belt.