Little v. State

• Decision Date: 01 September 1983
• Docket Number: Nos. 158,159,s. 158
• Citation: 300 Md. 485,479 A.2d 903
• Parties: Michael Keith LITTLE v. STATE of Maryland. Daniel Lenwood ODOM v. STATE of Maryland. ,
• Court: Maryland Court of Appeals

Page 485

300 Md. 485

479 A.2d 903

Michael Keith LITTLE v. STATE of Maryland.

Daniel Lenwood ODOM v. STATE of Maryland.

Nos. 158, 159, Sept. Term, 1983.

Court of Appeals of Maryland.

Aug. 21, 1984.

John L. Kopolow, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellant.

Deborah K. Chasanow, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on the brief), for appellee. Argued before MURPHY, C.J., ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and JAMES C. MORTON, Jr., Associate Judge of the Court of Special Appeals (retired) Specially Assigned.

MURPHY, Chief Judge.

This case concerns the legality of police roadblocks established in furtherance of a state operated sobriety checkpoint program to detect and deter drunk driving.

I.

As part of an effort to stop drunk driving, the Maryland State Police augmented its conventional enforcement methods by erecting systematic roadblocks on state roads having high alcohol related accident rates. The sobriety checkpoints were established pursuant to a pilot program implemented on a limited basis in Harford County for a three-month period beginning on December 12, 1982. Checkpoints were erected in the county on seven days during this period; they were in operation between 11 p.m. and 4 a.m. on December 17, 18, 26 and 31, 1982, on January 6 and 21, 1983 and on February 18, 1983. ¹

Harford County was selected because it had a relatively high rate of alcohol related traffic fatalities that did not vary seasonally. Additionally, the county was unaffected by the sobriety checkpoints operated in the Washington, D.C. suburbs by the Montgomery and Prince George's County Police Departments. Extensive statewide publicity accompanied the commencement of the pilot program. Press conferences were held in Harford County and Annapolis; a complete demonstration was staged at a mock checkpoint. These events received widespread media coverage. There was live television coverage of the first roadblock which was operated on December 17, 1982; its exact location was disclosed at that time.

Comprehensive regulations governed the operation of the sobriety checkpoint program. They were reviewed and approved by the Superintendent of the Maryland State Police, the Attorney General and the Governor. As prescribed in the regulations, the roadblock locations were selected on the basis of data on alcohol related accidents supplied by the State Highway Administration. The date, time and location of each checkpoint required the approval of the Chief of the Field Operations Bureau of the State Police. Three sites were selected for each night the checkpoints were in operation. The police team charged with operating the roadblocks was authorized to alternate between these sites, with the decision to move the location being vested in the commissioned officer in charge. One factor influencing this decision was whether traffic passing through the checkpoint was too light or too heavy.

The safety of motorists and State Police officers was a primary consideration in the selection of checkpoint sites. Accordingly, roadblocks were established only where there were long stretches of straight level road giving drivers sufficient distance to stop their vehicles safely, adequate shoulders at least twelve to eighteen feet wide, and a manageable amount of traffic during the roadblock's hours of operation. At each of the roadblock sites used during the pilot program, there was a safe place for motorists to make a U-turn before reaching the checkpoint. In instances where traffic became congested at the checkpoint site, the commissioned officer in charge was empowered to suspend the operation temporarily until the congestion was relieved.

The regulations prescribed the arrangement of each checkpoint. A twenty-square-foot sign is placed two-hundred to three-hundred feet in front of each checkpoint. The signs say "Stop Ahead, Sobriety Checkpoint" and contain the State Police seal. The checkpoints are manned by nine uniformed officers wearing reflecting safety vests; at least one commissioned officer is present to supervise. Checkpoints are illuminated by flares and marked with additional signs to control traffic. State Police vehicles are parked on each side of the roadblock with their emergency lights activated. Troopers signal traffic to halt by using flashlights; no barricades are placed on the roadway.

The regulations detail the duties of each officer attending the roadblock:

"All traffic approaching the checkpoint will be stopped as long as traffic congestion does not occur. The trooper will approach each motorist and state, 'I am Trooper (John Doe) of the Maryland State Police. You have been stopped at a sobriety checkpoint set up to identify drunk drivers.' If there is no immediate evidence of intoxication, a traffic safety brochure developed specifically for this enforcement strategy will be given to the motorist. The trooper will suggest to the motorist that he read the brochure at a later time for a more complete explanation of the stop. The motorist will then be assisted to safely proceed."

The brochures also contain a questionnaire for the motorist to return with comments about the program. Each checkpoint stop lasts between fifteen and thirty seconds.

The regulations instruct officers to look for the following articulable signs of intoxication: "an odor of alcoholic beverage about the driver, slurred speech, the general appearance, and/or other behavior normally associated with D.W.I. violators." If these observations give the officer reason to believe that the driver may be intoxicated, the vehicle may be referred to the shoulder for additional investigation. There, the motorist is asked to produce a driver's license and vehicle registration and may be asked to perform certain coordination tests. ² If these tests produce sufficient evidence of intoxication, the motorist is arrested.

A motorist wishing to avoid a sobriety checkpoint may make a U-turn or turn onto a side road prior to reaching the roadblock. No action is taken against a driver doing so unless the motorist drives erratically. For example, on several occasions, drivers ran off the road while trying to turn around and they were stopped. Likewise, a driver who stops at the checkpoint but refuses to roll down the car window is allowed to proceed. If other signs of intoxication are observed, the driver may be followed to detect signs of erratic driving. The officers operating the checkpoint do not search the interior of the vehicle or its occupants. A flashlight is used to illuminate the driver only; the officers do not inspect the area around the driver or the remainder of the passenger compartment.

Appellant Odom was stopped at a sobriety checkpoint on Route 24 in Harford County at 2:55 a.m. on January 1, 1983. State Trooper Meeks detected a strong odor of alcohol and observed that Odom's face was flushed red and that his eyes were glassy and bloodshot. Odom "kept sticking his head inside the vehicle" to prevent Meeks from smelling his breath. Meeks asked Odom to pull his vehicle to the side of the road and to perform several field sobriety tests. He was arrested after performing poorly on the tests.

Appellant Little was stopped at 1:50 a.m. by State Trooper Adams at the same checkpoint. Little brought his vehicle to a "jerking stop" and rolled down the window about three inches. Adams detected a very strong odor of alcohol and observed that Little's eyes were bloodshot and "bugged out" and that his face was red. Little was asked to pull onto the shoulder and perform several field sobriety tests. He stumbled while getting out of his car, bumping into the door. After performing poorly on the tests, he was arrested.

Both appellants were charged with driving while intoxicated. Each filed a motion to suppress all evidence obtained as a result of the roadblock stops, claiming violation of their constitutional rights. The Circuit Court for Harford County (Cameron, J.) denied the motions and subsequently found Odom guilty of driving while under the influence of alcohol and Little guilty of driving while intoxicated. Each appealed. We granted certiorari prior to consideration of the appeals by the intermediate appellate court primarily to determine whether the challenged roadblocks violated appellants' constitutional rights under the Fourth Amendment to the federal constitution and Article 26 of the Maryland Declaration of Rights. ³

II.

It is well recognized that stopping an automobile and detaining its occupants constitutes a "seizure" within the meaning of the Fourth and Fourteenth Amendments to the federal constitution, even though the purpose of the stop is limited and the resulting detention is quite brief. Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 1395, 59 L.Ed.2d 660 (1979); United States v. Martinez-Fuerte, 428 U.S. 543, 556-558, 96 S.Ct. 3074, 3082-3083, 49 L.Ed.2d 1116 (1976). The Fourth Amendment, however, does not prohibit all seizures but only those which are unreasonable. Department of Transportation v. Armacost, 299 Md. 392, 407, 474 A.2d 191 (1984); Givner v. State, 210 Md. 484, 494-495, 124 A.2d 764 (1956). In other words, as the Supreme Court made clear both in Prouse and Martinez-Fuerte, such seizures are not per se violative of the Fourth Amendment simply because the stop was not based on either probable cause to believe or reasonable suspicion that the motorist was engaged in conduct in violation of the criminal law. As Prouse states, 440 U.S. at 653-654, 99 S.Ct. at 1395-1396, the essential purpose of the Fourth Amendment is to impose a standard of reasonableness upon the exercise of discretion by governmental officers in order to safeguard the privacy and security of individuals against arbitrary invasions. Hence, "the permissibility of a particular law enforcement practice is judged by balancing its intrusion on the...