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STATE v. DAMASK

Nos. 78826, 78843.

936 S.W.2d 565 (1996)

STATE of Missouri, Appellant, v. Richard J. DAMASK, Respondent. STATE of Missouri, Appellant, v. Linda ALVAREZ and Maximo Garcia, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 21, 1997.

Attorney(s) appearing for the Case

Penny M. Melton, Assistant Franklin County Prosecuting Attorney, Union, for Appellant, in No. 78826.

Daniel E. Leslie, Union, for Respondent, in No. 78826.

Jeremiah W. (Jay) Nixon, Attorney General, Theodore A. Bruce, Assistant Attorney General, Jefferson City, Thomas M. Johnson, Hickory County Prosecuting Atty., Hermitage, Pat J. Merriman, Assistant Greene County Prosecuting Attorney, Springfield, John J. Garrabrant, Texas County Prosecuting Atty., Houston, for Appellant, in No. 78843.

Thomas D. Carver, Springfield, Scott McBride, Rolla, for Respondents, in No. 78843.

ROBERTSON, Judge.

The question we decide is whether drug enforcement traffic checkpoints operated by law enforcement officials in Franklin and Texas Counties are constitutional under the Fourth Amendment to the United States Constitution and article I, section 15 of the Missouri Constitution. Because the checkpoints were operated in a nondiscriminatory fashion as to the initial stops and because the checkpoints effectively advance an important state interest with...

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