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  • Not Permitted Because Statute Authorizing Roadblocks Controls and Does Not Authorize Sobriety Checkpoints

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    Josh Bryan
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    The document discusses several Iowa court cases related to the legality and constitutionality of sobriety checkpoints and roadblocks. It finds that roadblocks must be authorized by statute and comply with guidelines to be permitted. Arrests for DUI can be made at roadblocks if authorized by statute, and Iowa courts have generally upheld roadblocks as constitutional if no statutory issues exist. Avoidance of a roadblock alone does not justify a stop.

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    The document discusses several Iowa court cases related to the legality and constitutionality of sobriety checkpoints and roadblocks. It finds that roadblocks must be authorized by statute and comply with guidelines to be permitted. Arrests for DUI can be made at roadblocks if authorized by statute, and Iowa courts have generally upheld roadblocks as constitutional if no statutory issues exist. Avoidance of a roadblock alone does not justify a stop.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    4 views1 page

    Not Permitted Because Statute Authorizing Roadblocks Controls and Does Not Authorize Sobriety Checkpoints

    Uploaded by

    Josh Bryan
    The document discusses several Iowa court cases related to the legality and constitutionality of sobriety checkpoints and roadblocks. It finds that roadblocks must be authorized by statute and comply with guidelines to be permitted. Arrests for DUI can be made at roadblocks if authorized by statute, and Iowa courts have generally upheld roadblocks as constitutional if no statutory issues exist. Avoidance of a roadblock alone does not justify a stop.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    Not permitted because statute authorizing roadblocks controls and does not authorize sobriety checkpoints. 321K.1.

    DUI arrests may be made at roadblocks authorized by statute. State v. Day, 528 N.W.2d 100 (Iowa 1995). Absent statutory impediments, Iowa courts have upheld the constitutionality of checkpoints. State v. Loyd, 530 N.W. 2d 708); State v. Riley, 377 N.W.2d 242 (Iowa App. 1985). Se also State v. Hillesheim, 291 N.W.2d. 314 (Iowa 1980). State v. Heminover, 2000 WL 564049 (Iowa App.), held avoidance does not justify stop. It also found the roadblock did not comply with guidelines.

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