OPINION OF THE COURT
Pursuаnt to a decision on an omnibus motion a hearing was held in the above matter on August 20, 1992 to determine the propriety of the initial stop of the defendant together with
Counsel were directed to submit posttrial memorandum on the specific issue of avoidance of DWI checkpoints. While both counsel submitted memorandum neither sufficiently addressed the law on this particular issue. The court initiated exhaustive research on this point utilizing the assistance of the Justice Court Research Center to perform a computerized search in this area of the law. There doеs not appear to be any reported case law in the State of New York addressing the issue of avoidance of DWI checkpoints.
At the outsеt, the court finds that the People have met their burden of proof in respect to all issues occurring subsequent to the initial stop. It appears that thе inquiry, field sobriety tests, clear articulation of the defendant’s rights, etc., were conducted in the normal course, therefore, any of the issues raised by the dеfendant concerning same are found in favor of the People.
The only issues which require a detailed discussion by the court are the factors surrounding the initial stop. The question presented is whether a police official can stop a motor vehicle that avoids a DWI checkpoint by turning onto a public highway without any other alleged violation of the Vehicle and Traffic Law.
It is well settled in New York that DWI checkpoints are authorized under the Federal and State Constitutions and that the minimum intrusion upon liberty and privacy rights created by these checkpoints are clearly outweighed by the necessity to address the problem of intoxicated drivers. There is no question that checkpoints are in fact a seizure within the meaning of the Fourth Amendment, however, they have been found to be reasonable in light of the governmental interest that they address. (See, People v Scott,
In the case at bar, the court must determine whether the general acceptance of DWI checkpoints will be extended to the automatic stop of a vehicle which lawfully turns off of the
It is undisputed that the defendant’s vehicle exited Route 44, the road upon which the checkpoint was set, entering Wilbur Road in the Town of Pleasant Valley by making a right hand turn off of Route 44. The defendant acknowledges that he made this turn after observing police vehicles, lights, and other police activity but indicated that he believed that it was a motor vehicle accident and he did not understand the activity to be a DWI checkрoint. The police officials suggest that the signage indicating a DWT checkpoint should have been readily noticeable by the defendant, however, thе proof is not clear as to whether the defendant turned off from the main route after a sign indicating the purpose of the checkpoint.
The court finds the defendant’s state of mind to be irrelevant to this inquiry because the decision must turn upon the existence of a reasonable articulable basis for the stop. (See, People v Ingle, supra.) Even if a defendant is intentionally avoiding a checkpoint police officials would not be cognizant of that fact other than by mere conjecture.
In determining that sobriety checkpoints are permissible and not per se inconsistent with the Fourth Amendment, the courts have emphasized the impоrtance of "guidelines governing checkpoint operation [which] minimize the discretion of the officers on the scene.” (Michigan State Police Dept, v Sitz,
It is noted that the checkpoint guidelines establish a procedure which would in fact allow an operator to enter the checkpoint, rеfuse to lower the driver’s window and pass through the checkpoint without further inquiry.
While the underlying facts of People v Scott (supra, at 524) did not involve the situation of a stop following a U-turn or a turnoff, the guidelines for the roadblock in question specifically provided that "[i]n addition, two patrol cars were stationed in the area to follow and observe for possiblе violations any vehicle that avoided the roadblock by making a U-turn.” These guidelines would suggest that the making of a U-turn, in and of itself, would not be an articulable basis for a stop. The Supreme Court in Michigan State Police Dept. v Sitz
While there are a number of cases whiсh suggest that the avoidance of a checkpoint is in fact an articulable reason for a stop (Snyder v State,
The court in Murphy (supra, at 145, at 128) indicated that "the act of a driver in making a lawful right turn 350 feet before a road block does not give rise to a reasonable suspicion of criminal activity unless the driver’s turn or action is coupled with other articulable facts, such as erratic driving, a traffic violation, or some other behavior which independently raises suspicion of criminal activity.” The Murphy court in part relied upon People v Scott (supra). The court in Powell (supra) found that a vehicle which made a left hand turn into a driveway, backеd down to the roadway and then drove in the opposite direction of a checkpoint was not subject to a stop.
In Howard (supra) the defendant after notiсing lights, flares and unmarked cars stopped briefly approximately 1,000 feet from the DWI checkpoint then made a lawful U-turn and proceeded in the oрposite direction. The court in Howard noted that the general rule is the avoidance of police confrontation does not create an articulable basis for a stop (citing State v Talbot,
It is without question that sobriety checkpoints perform a legitimate and valuable tool in waging the war against intoxicatеd driving. The manner in which these checkpoints are conducted and the extension of the scope of same must be
The court is compelled to find that extension of sobriety checkpoints which include the stopping of every vehicle which lawfully turns off onto a public right of way prior to entering the checkpoint would be unduly invasive of the individual rights and freedoms рrotected by the United States Constitution and the Constitution of the State of New York. Those individuals residing on Wilbur Road and with legitimate business on that street have a reasonable expectation that they will not be subject to a stop by a police official merely for traveling on that roadway. To proteсt those legitimate rights the court must find that the initial stop in this case was inappropriate. This is not to suggest that drivers have carte blanche to avoid DWI checkpoints in all circumstances.
Having found for the defendant in respect to the question of the initial stop it is clear all other evidence in this case flows from that stop. Accordingly, the case must be dismissed.