Legal Question in Criminal Law in Florida

So my question is general and does not pertain to a specific situation. Are police check-points legal? My sheriff dept posted the following.

"The CCSO Traffic Unit will conduct a Comprehensive Roadside Safety Checkpoint on Saturday (11-16-13) beginning at 11pm and ending Sunday (11-17-13) at 3am.

The location of the checkpoint will be the 200 block of Blanding Boulevard. Motorists will be selected randomly from traffic for checks related to DUI, active warrants, license validity and other driving-related infractions."

Wouldn't this violate your 4th & 5th amendment rights? Do you have a right not to perticapte in this roadblock inspection?


Asked on 11/15/13, 2:09 pm

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

Yes they are legal. Provided the conducting agency meet a handful of requirements.

There is a a supreme court case directly on point: Michigan Dept. of State Police v. Sitz (1990), the United States Supreme Court found properly conducted sobriety checkpoints to be constitutional. While acknowledging that such checkpoints infringed on a constitutional right, Chief Justice Rehnquist argued the state interest in reducing drunk driving outweighed this minor infringement.

Part of the reason they publish the location ahead of time is because of the constitutional issues.

You have the right to not participate by avoiding the area, but if you go through it and are among the random selection of motorists then you must comply. Failure to comply with a direct order from an officer directing traffic is a crime in itself.

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Answered on 11/16/13, 5:34 am


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