Commonwealth v. Bocook

By Judge Duncan M. Byrd, Jr.

This matter was heard by the Court on January 4, 1996. The defendant has filed a Motion to Suppress the Commonwealth’s evidence flowing from the defendant’s arrest and charge of driving while intoxicated on April 15, 1995. At issue is the validity of the Clifton Forge licensing checkpoint plan.

Facts

The City of Clifton Forge has adopted a licensing checkpoint plan (“plan”) which details the operating procedures for conducting a checkpoint for vehicles operating within the city limits. The plan lists eight different sites at which checkpoints may be operated. Three…