(1) A written plan for establishing a temporary roadblock pursuant to 46-5-502(1)(c) must:
- (a) be designed by the law enforcement agency to ensure motorist safety, minimize motorist inconvenience, and prevent the arbitrary selection of vehicles by providing a schedule for the selection of vehicles to be stopped;
- (b) be approved in advance of conducting the roadblock by supervisory officers within the law enforcement agency;
- (c) ensure that a temporary roadblock is minimally intrusive and does not allow for unconstrained discretion by law enforcement agents performing the roadblock; and
(d) include:
- (i) the purpose of the temporary roadblock;
- (ii) the location, date, and time at which the temporary roadblock will be conducted;
- (iii) the pattern sequence of vehicles to be stopped;
- (iv) a drawing that shows how the temporary roadblock will be established;
- (v) a copy of the public service announcement to be used to advertise the temporary roadblock; and
- (vi) the names of the media to be notified of the temporary roadblock.
- (2) All major media outlets in the area where the temporary roadblock is to be performed must be notified at least 48 hours prior to the scheduled temporary roadblock.
- (3) This section does not apply to a roadblock established by a law enforcement agency pursuant to 46-5-502(1)(a) or (1)(b).
- (4) The department of justice may adopt rules to implement the provisions of this part.
History: En. Sec. 46, Ch. 800, L. 1991; amd. Sec. 2, Ch. 86, L. 2017.