State v. Crom

The municipal court of the city of Omaha convicted defendant, Jeffery L. Crom, of driving while under the influence of alcohol. On appeal the district court reversed the conviction on the ground that the evidence of Crom’s intoxication had been obtained as the result of an unconstitutional seizure of his person. The State has appealed to this court; we affirm.

On August 15, 1983, four or five patrolmen and a sergeant assigned to the 11 p.m. to 7 a.m. shift of the Omaha Police Department’s selective enforcement unit determined to set up a transitory checkpoint, at which every fourth vehicle…