Minimally intrusive.
That is what will determine whether or not random roadblocks are constitutional.
Tuesday, the Indiana State Supreme Court overruled the Court of Appeals ruling that such road blocks catching people driving under the influence of alcohol are unconstitutional.
Indiana's highest court now decided such checkpoints will be permitted based on specific regulations. If a minimally intrusive roadblock, designed and implemented on neutral criteria, safely and effectively targets a serious danger, then the the roadblock's constitutional standing is determined.
Who will determine this on a use-by-use basis? The police? A court of law? The whole issue is too vague to grant an overruling.
"Minimally intrusive."
What determines if something is just that? Whose judgment will determine minimally intrusive?
Attorney General Steve Carter said the guidelines are clear and that it will help police avoid legal issues in the future. Carter said the public will have security knowing that police officers will not be conducting searches on a whim.
One could only be led to believe that such a decision was made on a whim unless the criteria for this overruling is made more finite and clear.
There are too many questions left unanswered for the roadblock judgment to be overruled.
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