DUI: Checkpoints

· “The circuit court went on to find that even if the primary purpose were a license checkpoint and thus the roadblock passed constitutional muster under Edmond, the roadblock would still violate the Fourth Amendment under Brown v. Texas, 443 U.S. 47 (1979). Brown established a three part balancing test for determining the constitutionality of a traffic checkpoint:

1) the gravity of the public interest served by the seizure;

2) the degree to which the seizure serves the public interest; and,

3) the severity of the interference with individual liberty.”

State v. Groome. at 619



· “In the present case, the magistrate erred in finding the State had to establish the constitutionality of the checkpoint. Both Scheetz, 293 F.3d at 183, and Griffin, 749 S.E.2d at 447, hold the analysis for determining if a checkpoint is constitutional only applies when a vehicle is stopped at the checkpoint and does not apply when the vehicle does not actually make it to the checkpoint. Here, Williams turned around before he got to the checkpoint; thus, he was never actually stopped by the checkpoint. Accordingly, the magistrate erred in requiring the State to prove the checkpoint was constitutional.” State v. Williams, 417 S.C. 209, 220 (Ct. App. 2016)