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Buell v. State

A roadblock to check for safety violations serves the legitimate state interest of promoting highway safety.

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Colby Buell appeals his conviction of driving under the influence of alcohol, contending that the roadblock at which he was stopped and arrested was not established for a proper purpose, and thus his seizure violated the Fourth Amendment.1 Because the roadblock was proper, the trial court did not err in denying Buell’s motion to suppress, and we affirm his conviction.

Buell argues that the evidence shows that this roadblock was set up to undercover general criminal activity, an unconstitutional purpose according to the U.S. Supreme Court in City of Indianapolis v. Edmond, 531 U.S. 32 121 SC 447, 148 LE2d 333 2000. In Edmond, the court found that a checkpoint to search for unlawful drug activity was not directly connected with a permissible interest in maintaining highway safety, but instead was impermissibly aimed at general crime control. The Fourth Amendment requires individualized suspicion of criminal activity to investigate general crimes, and therefore, the court held, the checkpoint in that case was unconstitutional.

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