Written by attorney W. Scott Hanken

Constitutional Pre-Publicity of Roadside Safety Checks

The administration of Roadside Safety Checks relating to pre-publicity of same has opened up the possibility of setting aside DUI arrests stemming therefrom.

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Any variances in publicity or failure to follow preexisting established guidelines (such as a manual or Operational Plan) are also contrary to Bartley as a protection from arbitrary and discretionary enforcement. Simply put, the State is required to demonstrate that there is uniformity with regard to all roadside safety checks conducted and show a consistent pattern of pre-publicity for all roadside safety checks conducted in Illinois. Absent the State being able to clearly demonstrate that the roadside safety checks were publicized “extensively” or “clearly and in advance”, the roadblock fails to pass constitutional muster and any arrest arising therein should be quashed and any evidence obtained suppressed.

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