[§291E-20]  Minimum standards for roadblock
procedures.  (a)  Every intoxicant control roadblock program shall:



(1)  Require that all vehicles approaching roadblocks
be stopped or that certain vehicles be stopped by selecting vehicles in a
specified numerical sequence or pattern;



(2)  Require that roadblocks be located at fixed
locations for a maximum three-hour period;



(3)  Provide for the following minimum safety
precautions at every roadblock:



(A)  Proper illumination;



(B)  Off-road or otherwise safe and secure
holding areas for vehicles involved in any roadblock stop;



(C)  Uniformed law enforcement officers
carrying proper identification;



(D)  Adequate advance warning of the fact and
purpose of the roadblocks, either by sign posts, flares, or other alternative
methods;



(E)  Termination of roadblocks at the
discretion of the law enforcement officer in charge where traffic congestion
would otherwise result; and



(4)  Provide for a sufficient quantity and visibility
of uniformed officers and official vehicles to ensure speedy compliance with
the purpose of the roadblocks and to move traffic with a minimum of
inconvenience.



(b)  Nothing in this section shall prohibit the
establishment of procedures to make roadblock programs less intrusive than
required by the minimum standards provided in this section. [L 2000, c 189, pt
of §23]



 



Case Notes



 



  This section does not authorize law enforcement officers
conducting sobriety checkpoints to pursue and detain drivers of motor vehicles
appearing to avoid the sobriety checkpoints in a lawful manner; permitting
officers to do so was beyond the lawful scope of the statutory procedures and,
therefore, more intrusive than the standards and guidelines described in this
section and violative of §291E-19.  113 H. 283, 151 P.3d 764.