Legal Opinion

State v. Henderson

Idaho Supreme Court

Decided June 15, 1988No. 16852PublishedCited by 71 opinions

1Opinion of the Court

HUNTLEY, Justice.

We are here required to decide whether a police roadblock designed to detect and deter drunk driving is constitutionally permissible where the police have failed to obtain a judicial warrant, have no probable cause to believe the automobile driver is engaged in criminal wrongdoing, and lack legislative authority to establish a roadblock. The issue is whether the warrantless search is prohibited by the Idaho constitutional prohibition against unreasonable searches and seizures. In light of the individual’s right of freedom from arbitrary governmental intrusion, and the…

2Cases cited60 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Payton v. New YorkSupreme Court of the United States · 1980
  4. Florida v. RoyerSupreme Court of the United States · 1983
  5. Delaware v. ProuseSupreme Court of the United States · 1979

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3Cited by71 opinions

  1. State v. DowneyTennessee Supreme Court · 1997
  2. State v. FerreiraIdaho Court of Appeals · 1999
  3. State v. GuzmanIdaho Supreme Court · 1992
  4. State v. BishopIdaho Supreme Court · 2009
  5. Susan Hallstrom Robert Hallstrom v. City of Garden City Randy W. Snapp Sgt. Thurston Vaughn Killeen, Sheriff Mike RobertsCourt of Appeals for the Ninth Circuit · 1993

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