HE "STRICT COMPLIANCE" REQUIREMENTS OF CHECKPOINTS
The Ingersoll case set forth the requirements of a DUI Checkpoint and/or roadblock if conducted in the State of California. Obviously, then, attacks on DUI Checkpoints and/or roadblocks arrests should be based on any failure to comply with any of the “certain limitations” that the Ingersoll opinion referenced. Each will be discussed in further detail throughout this series. It is important to note that nothing in the U.S. Supreme Court’s decision in Michigan Dep’t of State Police v. Sitz (1990) 496 U.S. 444, criticized any of these guidelines or recommended any others.
The Ingersoll guidelines fall under the following general headings:
A. Decision Making at the Supervisory Level
B. Limits on Discretion of Field Officers
C. Maintenance of Safety Conditions
D. Reasonable Location
E. Time and Duration
F. Indicia of Official Nature of Roadblock
G. Length and Nature of Detention
H. Advance Publicity