STATE v. HENDERSON

No. 16852.

756 P.2d 1057 (1988)

114 Idaho 293

STATE of Idaho, Plaintiff-Respondent, v. David L. HENDERSON, Defendant-Appellant.

Supreme Court of Idaho.

June 15, 1988.


Attorney(s) appearing for the Case

Wishney & Elgee, Boise, for defendant-appellant. Robert J. Elgee argued.

Jim Jones, Atty. Gen., Myrna A.I. Stahman (argued), Deputy Atty. Gen., Boise, for plaintiff-respondent.


HUNTLEY, Justice.

We are here required to decide whether a police roadblock designed to detect and deter drunk driving is constitutionally permissible where the police have failed to obtain a judicial warrant, have no probable cause to believe the automobile driver is engaged in criminal wrongdoing, and lack legislative authority to establish a roadblock. The issue is whether the warrantless search is prohibited by the Idaho constitutional prohibition against...

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