4 Conn. Cir. Ct. 385 | Conn. App. Ct. | 1967
The defendant was convicted in a trial to the court of failure to carry registration certificate, in violation of § 14-13 (b) of the General Statutes,
The facts are substantially undisputed. On December 16, 1966, at about 9:30 p.m., two uniformed state police troopers were engaged in spot-checking all automobiles by means of a roadblock which was set up at the intersection of route 32 and Crow Hill Road, public highways, in the town of Stafford, for the purpose of checking safety equipment, registration certificates and operators’ licenses. Early the next morning, on December 17, 1966, at about 12:20 a.m., a Mercury automobile
The basic issues involved in this appeal are (1) whether roadblock stopping of vehicles to check operators’ licenses, certificates of registration, safety equipment and the like constitutes an arrest; (2) whether roadblock stopping of vehicles is constitutionally permissible as a valid exercise of the police power; and (3) whether roadblock stopping of vehicles constitutes an invasion of privacy.
I
Under Connecticut law, “[a]n arrest in criminal cases is the apprehending, or detaining the person
“To determine whether an arrest has taken place [in this case], we look to the facts to see if there has been ‘an actual restraint of the person.’ ” Foote, “The Fourth Amendment: Obstacle or Necessity in the Law of Arrest?” 51 J. Crim. L.C. & P.S. 402,
We hold that the stopping of the defendant’s car under the particular circumstances of this case was not an arrest. See Lipton v. United States, 348 F.2d 591, 593; Busby v. United States, 296 F.2d 328, 332, cert. denied, 369 U.S. 876; United States v. Bonanno, 180 F. Sup. 71, 79; Barrier v. Alexander, 100 Cal. App. 2d 497, 500; People v. Yerman, 138 Misc. 272 (N.Y.); Toledo v. Lowenberg, 99 Ohio App. 165, 167; 1 Orfield, Criminal Procedure under the Federal Rules § 4.66, p. 193; see also State v. Amara, 152 Conn. 296.
II
Under § 14-217, any officer in uniform is given the authority to require any person who is operating or who is in charge of any motor vehicle to
There can be little doubt that “[t]he death rate from motor accidents rivals that of our severest wars.”
Ill
As to the defendant’s claim of invasion of his right of privacy, we can do no more than rely upon and adopt the rationale of People v. Fidler, 280 App. Div. 698 (N.Y.). In that case, the police told the drivers of Fidler’s heavily-loaded trucks to drive them on a portable scale. The drivers refused. They took the keys out of the ignition switches and
IV
In summary, therefore, we hold: (1) An operator’s license is a privilege granted by the state, not a right, and the operator accepts the privilege subject to reasonable restrictions; (2) the right to use the public highways is subject to reasonable regulation for the public welfare; (3) roadblock stopping of vehicles for the purposes enumerated herein was reasonable and necessary and a valid exercise of the police power; (4) there was no showing of subterfuge to question the good faith of the officers; and (5) no constitutional right of the defendant was invaded.
There is no error.
In this opinion Pruyn and Levine, Js., concurred.
‘8eo. 14-13. REGISTRATION NUMBER AND CERTIFICATE. ... (b) Such, certificate shall at all times be carried . . . upon the public highway . . .
“See. 14-223. disobeying orders of officer. Whenever the operator of any motor vehicle fails promptly to bring his motor vehicle to a full stop upon the signal of any officer in uniform or prominently displaying the badge of his office, or disobeys the direction of such officer with relation to the operation of his motor vehicle, he shall be fined not less than five nor more than twenty-five dollars for a first offense, and not less than ten nor more than fifty dollars for any subsequent offense.”
We are justified in assuming some of these facts, although they do not appear in the finding, by reason of the fact that the defendant was given a uniform traffic ticket which was made a part of the record on appeal. See Practice Book §§ 852, 853.
Section 14-217 is commonly referred to as the “display” statute. “Virtually every state has provided by statute that a motorist must carry his operator’s license with him at all times while operating a motor vehicle, and display it upon the demand of a police officer.” Note, 1960 Wash. TJ.L.Q. 279.
We may take notice of the toll of automobile highway accidents in Connecticut in 1966. The statistics as furnished by the commissioner of motor vehicles show: number of deaths, 406; number of people injured, 33,243; number of accidents, 63,941; estimated property damage, $25,000,000.