Manatee DUI Checkpoint Evidence Suppressed

Manatee County Judge Doug Henderson threw out evidence gathered at a DUI checkpoint in March, 2008 at a hearing last month. Defense attorneys argued that the Manatee County Sheriff’s Office failed to follow their own guidelines in conducting the checkpoint. 

Sobriety checkpoints, also known as DUI roadblocks, are legal under federal and state constitutional law. There are specific legal requirements, however, that law enforcement must follow in conducting the checkpoints, as the traffic stops are made without probable cause to believe that a crime or ordinance violation occurred.

The officers must follow written guidelines as to every aspect of the roadblock including the use of neutral criteria in selecting which cars to stop. In the Manatee case, the guidelines indicated that every 10th, 20th and 30th car would be stopped. Apparently, due to a special event that night, traffic was heavy and backed up. A sergeant with the Sheriff’s Office allowed 20 cars pass without stopping on two occasions during the roadblock in order to alleviate some of the traffic.

Judge Henderson found that this off-the-cuff change in policy was unacceptable, even if the variation was for safety reasons. Because the written guidelines were not followed, all evidence gathered during the course of the checkpoint must be suppressed under Florida law. The result of the suppression will undoubtedly be the dismissal of all DUI cases arising out of that particular checkpoint.