Holt v. State

This is not a difficult case. The question presented is simply whether a state sobriety checkpoint must be authorized by the Legislature or some other “statewide governing body” before the checkpoint can be valid under the Fourth Amendment to the United States Constitution.1 Not surprisingly, the only other high court to address this question, answered it in the negative. See State v. Barker, 252 Kan. 949, 850 P.2d 885, 888 (1993).

From 11:00 p.m., Friday, May 24, 1991, to 2:00 a.m., Saturday, May 25, 1991, the Arlington Police Department conducted a sobriety checkpoint in the 1200 block of…