State v. MikolinskiState v. Mikolinski
Opinion
The issue raised in this certified appeal is whether a sobriety checkpoint established for the purpose of detecting violations of
The defendant claims that the Appellate Court improperly upheld the trial court’s determination that the sobriety checkpoint instituted by the town of Southington did not violate her rights under article first, §§ 7 and 9, of our state constitution. We disagree and, accordingly, affirm the judgment of the Appellate Court.
The following facts, as stated by the Appellate Court, are relevant to this appeal. “Between 11 p.m. on May 23, 1997, and 3 a.m. on May 24, 1997, the Southington police department conducted a sobriety checkpoint of eastbound and westbound traffic in the area of 1199 Meriden-Waterbury Turnpike. Signs were posted in each direction alerting motorists to the checkpoint, and routes exiting the turnpike were available to motorists in each direction who chose not to enter the checkpoint.
“On May 24, 1997, at approximately 1:35 a.m., the [defendant] entered the checkpoint and stopped her vehicle. While the [defendant] was stopped, a police officer asked her a number of questions. . . . After the defendant admitted that she had been drinking alcohol,
The state does not dispute the fact that the initial stop of the defendant at the checkpoint constituted a seizure.
I
We first address the defendant’s claim that Southington’s sobriety checkpoint violated her rights under article first, § 7.
“It is well settled that we are not bound by the decisions of the United States Supreme Court in interpreting the contours of article first, [§ 7] . . . [and] that federal constitutional . . . law establishes a minimum national standard for the exercise of individual rights and does not inhibit state governments from affording higher levels of protection for such rights.” (Citation omitted; internal quotation marks omitted.) State v. Wilkins,
In determining whether the protections secured by article first, § 7, extend beyond those secured by the fourth amendment to the United States constitution, we consider several factors: (1) the text of the constitutional provision; (2) holdings and dicta of Connecticut appellate courts; (3) federal precedent; (4) sister state decisions; (5) historical aspects, including the historical constitutional setting and the debates of the framers; and (6) economic and sociological or policy considerations. E.g., State v. Geisler,
Our review of the text and history of article first, § 7, reveals nothing to indicate that it forbids the use of sobriety checkpoints. “The declaration of rights adopted in 1818 appears to have its antecedents in the Mississippi constitution of 1817, which in turn derived from the federal bill of rights and the Virginia declaration of rights of 1776. . . . The search and seizure provision in our 1818 constitution, then article first, § 8, closely resembles the fourth amendment to the United States constitution. Although its enumeration was changed to article first, § 7, when the 1965 constitution incorporated article first, § 4, into article seventh, its language has not been altered since its original adoption.” (Citation omitted; internal quotation marks omitted.) State v. Diaz,
We have stated that “[t]here can be no ready test for determining [the] reasonableness [of a search or seizure] other than by balancing the need to search [or seize] against the invasion which the search [or seizure] entails. . . . We judge the permissibility of a particular law enforcement practice by balancing its intrusion on the individual’s interests against its promotion of legitimate state governmental interests, and examine the intrusion to determine whether it is the minimum search necessary under the circumstances.” (Citation omitted; internal quotation marks omitted.) State v. Wilkins, supra,
In Michigan Dept. of State Police v. Sitz, supra,
In applying this balancing test to the sobriety checkpoint at issue in the present appeal, the defendant does not dispute that the state has a significant interest in preventing motorists from driving while under the influence of alcohol. As the United States Supreme Court noted in Site, “[n]o one can seriously dispute the magnitude of the drunken driving problem or the States’ interest in eradicating it.” Id., 451.
Against this interest, we balance the level of intrusion on the individual’s privacy caused by a checkpoint. Although sobriety checkpoints may cause motorists a slight inconvenience, we conclude that, when sobriety checkpoints are operated properly, the intrusion on an individual’s privacy is minimal. See id., 451 (“the measure of the intrusion on motorists stopped briefly at sobriety checkpoints ... is slight”).
The balancing test also requires an evaluation of “the degree to which the seizure advances the public interest . . . .” (Citation omitted; internal quotation marks omitted.) Id., 454. We agree with the United States Supreme Court that this inquiry is “not meant to transfer from politically accountable officials to the courts the decision as to which among reasonable alternative law enforcement techniques should be employed to deal with a serious public danger.” Id., 453. Rather, “the
The defendant, relying on principles outlined in Terry v. Ohio,
It is true that “ [applications of Terry principles in the context of motor vehicle stops are . . . embodied in our state constitution. See, e.g., State v. Torres,
The defendant argues that the checkpoint at issue in this case was not operated pursuant to a plan embodying neutral criteria that limited officers’ discretion as to how individual drivers were to be treated. On the contrary, we agree with the trial court that the plan
Our conclusion that sobriety checkpoints operated pursuant to neutral criteria are permissible under article first, § 7, is in accord with the decisions of sister state courts upholding the implementation of sobriety checkpoints under their respective state constitutions. E.g., Hagood v. Town Creek,
II
The defendant next argues that the sobriety checkpoint violated her rights under article first, § 9. We disagree.
Article first, § 9, provides: “No person shall be arrested, detained or punished, except in cases clearly warranted by law.” “[W]e have generally characterized article first, § 9, as one of our state constitutional provisions guaranteeing due process of law. See, e.g., State v. Marra,
In Lamme, the defendant challenged the administration of roadside sobriety tests after having been stopped for a motor vehicle infraction. See id., 174. The defendant argued that article first, § 9, prohibits a police officer from detaining an individual unless the officer has probable cause to make an arrest. Id., 176. We rejected this argument, concluding that “the specific content appropriately to be assigned to the phrase ‘clearly warranted by law’ depends on the particular liberty interest that is at stake.” Id., 178. We stated that “[t]he historical roots of ‘except in cases clearly warranted by law’ appear ... to provide protection for personal freedom through a blend of statutory and constitutional rights that, like the text of . . . article
Thus, in defining the contours of article first, § 9, our first task is to identify the particular liberty interest at stake. In the present case, as in Lamme, the protected liberty interest is the individual’s right to be free from unreasonable police detention while driving a car. Because of the similarity of the liberty interest in the present case with that in Lamme, we conclude that the balancing test that was applied in Lamme appropriately guides our analysis of the defendant’s claim. See id.
In the present case, the defendant does not dispute that “[t]he state has a vital interest in keeping intoxicated drivers off the roads and highways”; State v. Lamme,
The defendant claims that her right to due process under article first, § 9, was violated “because [a sobriety checkpoint] permitting ‘suspicionless’ seizures [is] not
The judgment of the Appellate Court is affirmed.
In this opinion the other justices concurred.
Notes
Article first, § 7, of the constitution of Connecticut provides: “The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.”
Article first, § 9, of the constitution of Connecticut provides: “No person shall be arrested, detained or punished, except in cases clearly warranted by law.”
We granted certification to appeal limited to the following issue: “Did the Appellate Court properly conclude that the defendant’s detention at a roadside sobriety checkpoint did not violate her rights under either article first, § 7, or article first, § 9, of the Connecticut constitution?” State v. Mikolinski,
Although the trial court did not find that the defendant had been seized at the checkpoint, we note that the detention of motorists at a checkpoint is a seizure under the United States constitution. Michigan Dept. of State Police v. Sitz,
The defendant does not challenge the legality of the sobriety testing that occurred after one of the officers at the checkpoint noticed that she had exhibited signs of intoxication.
E.g., State v. Miller,
A National Highway Traffic Safety Administration report estimates that, in Connecticut, in 1998 alone, 6000 automobile accidents involved alcohol, resulting in 142 fatalities. The report also estimates that the average cost per mile driven of an accident involving a driver with a blood alcohol level of 0.10 or more is $5.20 per mile driven, as compared to ten cents per mile driven for an accident involving a driver with a blood alcohol level of 0.00. In short, “[w]e . . . recognize that a drunken driver is like a ticking time bomb.” Shore v. Stonington,
The plan provided in relevant part: “On May 23, 1997 the Southington Police Department, will be conducting a Sobriety Checkpoint, for enforcement of Connecticut General Statute[s]
“SOBRIETY CHECKPOINT LOCATION: In the area of 1199 Meriden Waterbury Turnpike.
“SET UP CHECKPOINT: The checkpoint will monitor both east and westbound traffic for Meriden Waterbury Turnpike. The checkpoint requires that every eastbound and westbound motor vehicle on Meriden Waterbury Turnpike be stopped. Two police officers will be assigned to traffic duty. Three police officers will be assigned as testing officers. There will be a processing officer who is assigned to Police headquarters and he will test all arrested subjects on the Intoxilyzer 5000.
“There will be signs set up prior to the checkpoint which will allow both eastbound and westbound traffic to turn around if they do not wish to travel through the checkpoint itself. If a vehicle turns around to avoid traveling
“DESIGNATED TESTING AREA: Eastbound and westbound operators will be tested in the parking area of 1199 Meriden Waterbury Turnpike, which is a medium size plaza. This parking area has a covered side walk section and is flat.
“Sergeant William P. PALMIERI of the Southington Police Department will be the checkpoint supervisor.
“DUTIES AND ASSIGNMENTS OF OFFICERS:
“TRAFFIC OFFICERS: One officer will be assigned to eastbound traffic on Meriden Waterbury Turnpike. One officer will be assigned to westbound traffic on Meriden Waterbury Turnpike. Both traffic officers will stop their respective vehicles. The officers will introduce themselves explaining the nature of the sobriety checkpoint. The traffic officers will then ask three standard questions.
“1. Where are you coming from?
“2. Have you had anything to drink tonight?
“3. How much did you drink? (this would only be asked if the person stated they had consumed an alcoholic beverage).
“During this interview the traffic officers would be looking for clues which would indicate that the operator was under the influence such as slurred speech, smell of alcoholic beverage on breath, glassy eyes etc. If they detected the operator was possibly under the influence they would instruct the operator of the vehicle to pull into the designated testing area. At this point one of the testing officers would take over. If there is no detection of the operator being under the influence the officer will allow the operator to continue on their way.
“TESTING OFFICERS: These officers will conduct all field sobriety tests. The testing officers will administer the following field sobriety tests, in the same order as listed herein:
“1. The horizontal gaze nystagmus.
“2. The walk and turn.
“3. The one leg stand.
“If a testing officer has probable cause to believe the subject is intoxicated he/she will then place the subject under arrest, and transport, them to Police Headquarters. If probable cause does not exist for the arrest of the tested subject they will be allowed to exit the testing area.
“TRANSPORT OFFICER: Will be any available officer. This officer will bring the subject to Police Headquarters and turn the subject over to the processing officer.
“ALTERNATIVE CHECKPOINT ROUTE: Putnam Place will allow eastbound vehicles an alternative route other than traveling through the checkpoint. Birch Drive will allow westbound vehicles an alterative route other than traveling through the checkpoint. There will be signs posted prior to these streets warning SOBRIETY CHECKPOINT AHEAD. The Putnam Place warning sign was located approximately [one] tenth of [one] mile west of the checkpoint The [B]irch Drive warning sign was located approximately [one] and one half tenths of [one] mile east of the checkpoint.
“This operational Plan will allow for changes should the need arise, any changes to this plan will be made by [Sergeant Palmieri], and all officers working the checkpoint will be advised. [Sergeant Palmieri] will then prepare a supplemental case report as to what the change was and why it was needed.”