Klein v. Ronstadt

OPINION

HOWARD, Presiding Judge.

This was an action for declaratory and injunctive relief wherein appellant sought to enjoin the Tucson Police Department from initiating sobriety check points. The case was heard by the trial court, sitting without a jury. The evidence at trial disclosed that appellant had never been stopped at a sobriety check point, does not drive while he is under the influence of alcohol and is not a resident of the City of Tucson. He asserted that he was intimidated by the possibility that he might at some future time encounter a sobriety cheek point. The trial court, while…