State v. Henderson

Pro Tem., dissenting.

With all due respect, I dissent from the foregoing opinion. The sole, dispositive issue in this case is whether the sobriety checkpoint was constitutionally permissible. I believe that it was.

For a clearer understanding of my approach to this case, a more detailed recital of the facts developed below is necessary. The undisputed facts show that the Boise City Police Department established a sobriety checkpoint on Main Street at its intersection with 29th Street, between midnight and two a.m. on Saturday, May 25, 1985. This roadblock was the culmination of several months…