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Show THE ZEPHYROCTOBER 1994 PAGE 26 Somewhere Left of Right WHAT WILL HAPPEN our Remember, the newspaper article said the purpose of the roadblock was to promote to unsafe safety. The reader might be led to think that the roadblock was for checking five same "Safety paper, conditions of the vehicle. But bade in the Public Notices section of the to mention that Checkpoints" were announced again. And there, the public notice went on alcohol, registration, "Officers conducting these checkpoints will be checking to firearms, drug, driver license, and any other violations of the law." You'll be driving along and suddenly become a part of "a designated sequence of motor vehicles" traveling on a road in Grand County. You will be stopped. Your vehides will be to subject to inspection or testing. You and the other occupants of the vehicle will be subject questioning or to the production of documents. I don't know where in Grand County these roadblocks will occur. I don't know if they like already have occurred. I suspect they will be more likely to be on Interstate 70, but it looks police get to schedule them wherever they want Trying to be that ace reporter, I'm wandering if the authorization signed by the magistrate, noting time and place of the roadblock, is a matter of public record? WHY DO THE POLICE WANT THEM? Is the "safety of the public" justification just a ruse? Is it used to make something that isn't right, seem to be not so bad? This is a touchy area. Traditionally, people begin to fed like By Jane S. Jones YOU CAN RELAX NOW: THE SAFETY NET HAS WIDENED FIRST, A QUIZ What is an "administrative traffic checkpoint?" A. toll booth on a highway B. cable across highway which measures vehicular traffic C stop light D. roadblock E. border crossing F. at a resort, hidden camera viewing Congressional meeting room and exit to golf course they're in a police state when they are stopped without any reason, without any probable cause. What is the real reason for these roadblocks? "We want the public to have the perception that they're going to get caught if they do things wrong, says Gary Whitney, Public Information Officer to the state Department of Public Safety. (The Highway Patrol falls under this state department, along with 10 other agencies.) "We also believe random roadblocks provide good prevention of drunk driving." Roadblocks are a deterrent to people who have a suspended or revoked driver's license, according to Whitney, and are a good way to catch Bafety inspection violations and other minor offenses. He also said that the people in law enforcement would appreciate some guidelines from the public as to whether the roadblocks are a good idea or not. I asked Whitney if another reason for these roadblocks might be to raise revenues. He said that couldn't be true because the Highway Patrol didn't receive any of their funding from fines paid. He said that all fines paid by motorists go directly to the local government GETTING TO THE STICKY ISSUES There are two pages of state regulations governing these roadblocks. And just from the careful language used in them, I'd say everyone thinks we must be treading a fine line here, between something that helps the public and something that hurts them. In the "Administrative Traffic Checkpoint Act," Utah Code through 105, in the first section under Definitions, the word "roadblock" is used once to define what an "administrative . traffic checkpoint" is. From that point on, we're talking about "administrative traffic checkpoints" exclusively. The word roadblock is not used again. Yes, the answer to the opening quiz is D. One of the sticky issues the magistrate must decide is if the plan appropriately "..minimizes the degree of discretion to be exercised by the individual enforcement officers operating the checkpoint..." Now, this is very well put. It beats around the bush in an appropriately wordy, therefore boring and confusing style. You kind of forget what's being talked about by the time you reach the end of the sentence, an example of good evasive regulatory language. What's the undercurrent of truth here? Surely this sentence is in here because there have been problems with zealous officers at road blocks in the past Motorists probably got upset Maybe the truth is that it is commonplace at roadblocks for police to go too far, using too much of their own "discretion" in looking for violations. Other troublesome issues the magistrate must look at are: if the plan for the roadblock "minimizes the fear and anxiety the motorists will experience" and if it "minimizes the intrusion of the inspection or inquiry" and whether it "maximizes the safety of the motorist and the enforcement officers." Translation: the road block will be an intrusion, will cause fear and anxiety for the motorist, will result in officers trying to find every violation of the law they possibly can, and will set up an unsafe situation for everyone on the road at that time and place. If it weren't, there simply would not be anything to Minimize" or "maximize." And all in the name of safety. 77-23-1-01 THE REST OF THE STORY ran a story on the front page, announcing A few weeks ago, the Moab that "random safety checkpoint roadblocks" were planned in Grand County during the rest of the year. According to the brief article, the Sheriffs Office and the Utah Highway Patrol would be conducting the roadblocks, whose purpose was "to promote the safety of the public while traveling on the roadways within Grand County." If you read my column in August, you know why the words "to promote the safety of the public" sort of leapt out at me. 1 had attempted to make the point that since society has farmed an aversion to any form of risk, something done in the name of safety" automatically is perceived to be both wonderful and desirable. The business of making us safe has become big business indeed, a justification for huge government bureaucracies. I had no choice but to look into this new attempt to make us safe. Times-Independe- nt WHAT THE ROADBLOCKS AREN'T Most people understand that here in America, police have the right to stop any motor vehicle under certain circumstances: because of an emergency situation because of a search or arrest warrant because there is probable cause to arrest or search because there is reasonable suspicion that criminal activity has occurred or is occurring. But, the roadblocks scheduled here in Grand County will not be stopping motorists for any of these reasons. Motorists are going to be stopped because a law enforcement officer "..is acting pursuant to duly authorized administrative traffic checkpoint authority granted by a magistrate Here in Utah, if s the fifth and newest reason to stopping in accordance with Section ' a motorist These kinds of roadblocks have been called illegal by high courts in the past, but more recent rulings have allowed their use, if certain paperwork procedures are followed. And so, in 1992, the Utah Legislature placed those required regulations into law. The new law sets procedures for law enforcement to submit a written plan to a magistrate, giving the specifics of the roadblock: where, when, duration, what traffic will be stopped, the purpose, etc. Then, if the magistrate makes the further determination that the plan has and gives appropriately addressed several issues issues that I would describe as "sticky" the can roadblock occur. approval, . No trainer 1: The fewer laws you have, the easier it is for the public to be 77-23-1- . - law-abidin- g. . INADEQUATE LEGWORK I still have a lot of questions about administrative traffic checkpoints. Being tied up with work every weekday morning, as I prepared this column I had no luck in contacting highway patrolmen from Moab or Monticello or Price. Obviously, if I were a reporter worth my salt I'd have dispensed with my own work schedule, camped on their doorsteps or called constantly until I made the necessary contacts. I know they are busy. I'm busy, too: researching, writing, and selling Stiles this column to a small but duly budgeted sum and pursuing other job opportunities as they arise. In contrast, our highway patrolmen, who work for me as a public servant, have an entry-lev-el salary of $10.56hour. Advancement can be sweet a Lieutenant Colonel has a salary between self-employ-ed ATTENTION ALL BIKERS! REMEMBER!! Yield to hikers CRYPTOGAMS ARE OUR Pont best the crust Obey traffic lows Neon scares wildlife. Have a nice day FRIENDS. BIG SALE THROUGH OCTOBER! & NICHOLS EXPEDITIONS 497 N-- MAIN A ZS9A788Z A 800A63SAT792 |