ROADBLOCK USE CURBED

The Utah Supreme Court cautioned police against conducting multipurpose
roadblocks Friday, reversing the drug convictions of a man stopped on
Interstate 70 three years ago.

The justices took issue with the roadblock, set up four miles west of
Salina, because it had been billed as a driver license and registration
check but included checks for other violations, including driver impairment
and seat belt use.

"Here, the checkpoint was ostensibly a driver's license check, but included
a half-dozen other checks unrelated to driver license violations," Chief
Justice Christine M. Durham wrote for the court.

"We see no justification for allowing the state to use the interest in
enforcing the driver's license requirement as the predicate for permitting
officers to conduct investigations for which they would otherwise need a
warrant, probable cause, or reasonable suspicion."

The opinion told state judges who must approve roadblock plans to ensure
the purpose is closely tied to the use and safety of the highway -- not
other law enforcement interests.

Friday's ruling overturns the drug possession convictions of Robert Nate
Abell, 40, of Colorado. Abell was arrested at the I-70 roadblock after an
officer noticed the rental car he was driving was overdue and smelleds the
odor of burnt marijuana from inside the car.

Drug-sniffing dogs at the roadblock found Abell's luggage contained 10
grams of marijuana and less than 2 grams of cocaine.

Judge Kay L. McIff upheld the evidence seizure, and Abell pleaded guilty to
drug possession, possession of drug paraphernalia, driving under the
influence, speeding and driving without a seat belt.

McIff placed him on probation, including 90 days in jail and a $1,500 fine.

In the appeal before the high court, Cedar City defense attorney J. Bryan
Jackson argued the check was too broad, giving individual officers too much
discretion in deciding how to conduct roadblock inquiries and inspections.

The justices agreed, saying the roadblock's plan did not adequately detail
what officers should do when conducting a 30-second safety inspection of
the exterior of a vehicle.

The high court also ruled that officers were not given specific guidelines
on how to check for driver sobriety, leading to different treatment for
drivers.

Assistant Attorney General Joanne Slotnik, who represented the state in the
appeal, was not immediately available for comment Friday afternoon. But
Slotnik had argued that limiting roadblocks to a single purpose is
unworkable for police.

An officer authorized by a judge to check driver sobriety, for instance,
cannot ignore other obvious violations of the law, such as the lack of seat
belt use, she has said.

Friday's decision elaborates on a 2000 ruling that placed limits on police
roadblocks.

That ruling, in favor of driver Henry Thomas DeBooy, said "multipurpose,
general warrant like intrusions on the privacy of persons using the
highways are unacceptable."