holding unconstitutional a roadblock purportedly established to check for licenses and registrations which was in fact established for general law enforcement purposes
How later courts described this case
- holding unconstitutional a roadblock purportedly established to check for licenses and registrations which was in fact established for general law enforcement purposes
- The Court of Criminal Appeals examined the State=s claim that Article 6687b, section 13 authorized a checkpoint under Fourth Amendment principles set forth in Brown, Prouse, Martinez-Fuerte, and other cases.
- relying on both the Texas and federal constitutions
- driver’s license checkpoint set up near Dallas bars to find DWIs not constitutionally justified
Written by the judges who cited it.
The opinion
CLINTON, MILLER and DUNCAN, JJ.,
disagree with the analysis in the lead opinion, beginning on page 804 of the "starting point” through the conclusion that such a roadblock “may be constitutionally permissible,” at page 812. Only the result is correct.