The state Supreme Court is poised to examine whether DUI roadblocks are constitutional, having recently granting allocatur to determine whether the roadblocks constitute an unlawful search and seizure.
“Article I, Section 8 provides for protection against ‘unreasonable searches and seizures,’” attorney Michael E. Moyer wrote in his petition to the Supreme Court. “DUI roadblocks are per se unconstitutional under the Pennsylvania Constitution since there is an absence of articulable facts present to believe that a crime is being committed.”
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