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Main Page Roadblock Checks In NH Upheld By State Supreme Court
(Click here to view the original thread on the MassCops Message Board)

Posted by: Inspector

By Elizabeth Dinan, Portsmouth Herald

CONCORD — Portsmouth District Court Judge Sharon DeVries erred when she dismissed as unconstitutional five DWI cases that resulted from Portsmouth sobriety checkpoints, according to the New Hampshire Supreme Court.
In a decision published Friday by the state's highest court, the local judge's decision was reversed and the five driving-while-intoxicated cases were remanded back to the local court for trial.
The Supreme Court ruled DeVries erred in her Nov. 28, 2005, decision when she ruled the DWI roadblocks were unconstitutional because there was not adequate advanced public notice.
The July 8 and 9, 2005, roadblocks were publicized by Portsmouth police in the form of a press release, which was published in one Dover-based newspaper on the day of the first roadblock.
"The state could have postponed the checkpoint date to meet the terms of advanced deterrent publicity and met its constitutional burden," DeVries wrote. "It failed to do so."
The Supreme Court disagreed, saying aggressive advanced notice of a DWI checkpoint are state attorney general guidelines, not case law.
"Aggressive notice — whatever it may be — is a worthwhile aspirational goal, not a constitutional requirement," wrote the court. "Those guidelines are not the law of this state."
Regarding the timing of the roadblock notification, the court wrote, "it might have been better if the press release had been issued earlier in the week," but the timing "did not render the (Portsmouth Police Department) checkpoints constitutionally defective." The court also wrote that if more newspapers had published the announcement it "may have been better," but "one was enough."
Police Chief Michael Magnant said he read the high court's 12-page decision several times and was "really pleased."
"It's an important case for law enforcement and citizens of New Hampshire as well," said Magnant. "At the district court level, I think there was a little coloring that went outside of the lines. I'm looking forward to having these cases go to trial."
The police chief said he believes in roadblocks as a deterrent to drunken driving and is "committed" to establishing four every year. This holiday weekend, said the chief, his officers will be conducting "saturation" patrols, different from roadblocks in that the officers are mobile.
Police Lt. Fred Hoysradt, who is charged with coordinating the city's DWI roadblocks, said Portsmouth has not had a DWI fatality in seven years and he hopes the roadblocks and surrounding publicity have "saved a life along the way."
County Attorney Jim Reams, who asked the state attorney general's office to appeal DeVries' decision to the state's highest court, said he's pleased because the decision means police departments won't be forced to pay for newspaper legal advertisements in advance of DWI roadblocks.
"We try to do what we can to generate publicity short of buying ads in newspapers," said Reams. "I'm glad that cost hasn't been added."

Posted by: SOT

Why the fuck would you want to publish roadblocks in the first place anyway?

It's like sending little postcards to criminals letting them know you are investigating them...

This world has gotten so F'ed up with all this protect the criminal shit.

Posted by: Irish Wampanoag

Massachusetts has to publish a federal and state granted road block in at least two media outlets. paper, news, etc...
I remember when police set up road blocks and they had to set the road block in an area were the motorist have the opportunity to turn off and avoid the block entirely.

I believe RI has banned them all together!

Posted by: justanotherparatrooper

Well thats fair Irish....give people a chance to avoid being arrested and not chase them if they flee.And if they cry should they be sentenced to jail release them so they feel better.

Posted by: Irish Wampanoag

Quote:

Originally Posted by justanotherparatrooper

Well thats fair Irish....give people a chance to avoid being arrested and not chase them if they flee.And if they cry should they be sentenced to jail release them so they feel better.

Well thats when you take your gribe to the Assachusetts Legislator who make the laws. Hey we could be like RI and 10 other states and not have any road blocks at all.

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