State v. Jones (1986)

The Florida Supreme Court in Jones indicates that “it is essential that a written set of uniform guidelines be issued before a roadblock can be utilized.” 483 So.2d at 438.

The court noted that "[i]deally, these guidelines should set out with reasonable specificity procedures regarding the selection of vehicles, detention techniques, duty assignments, and the disposition of vehicles." 483 So.2d at 438 (emphasis supplied).

See Commonwealth v. Shields, supra at 164-165 (“where the Commonwealth shows a roadblock employed to enforce c. 90, § 24, was operated in accordance with the established guidelines, the accompanying seizures, although not conducted on the basis of individualized suspicion, are reasonable under the Fourth Amendment and art. 14”); Commonwealth v. Amaral, supra at 100 (“roadblocks stand or fall based on some set of neutral criteria governing the officers in the field,” quoting …

State v. Jones, 483 So. 2d 433, 437-438 (Fla. 1986).

Contrary to what some may believe, "the privilege of driving an automobile over public highways does not amount to an absolute organic right." State v. Jones, 483 So. 2d 433, 439 (Fla. 1986). "[A]s with many other activities, the government has the power to regulate the privilege to drive subject to the condition that the licensee will perform the activity safely and competently." State, Dep't of Highway Safety & Motor Vehicles v. Degrossi, 680 So. 2d 1093, 1094 (Fla. 3d DCA…

I, § 12, Fla. Const. This protection reaches temporary detention during traffic stops because a police officer’s stopping an automobile, “even if 4 only for a brief period and for a limited purpose, constitutes a ‘seizure’ of ‘persons’ within the meaning of [the Fourth Amendment].” Whren v. United States, 517 U.S. 806 , 809−10 (1996); see Delaware v. Prouse, 440 U.S. 648, 653 (1979) (“The Fourth and Fourteenth Amendments are implicated . . . because stopping an automobile an…

Daniels v. City of Arlington, 246 F.3d 500, 504 (5th Cir.2001); State v. Jones, 483 So.2d 433, 439 (Fla.1986); Duncan v. State, 163 Ga.App. 148 , 294 S.E.2d 365, 366 (1982).

An officer's stop of an automobile constitutes a seizure and detention within the meaning of the Fourth Amendment to the United States Constitution. [1] See, e.g., Delaware v. Prouse, 440 U.S. 648 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979); State v. Jones, 483 So.2d 433, 435 (Fla.1986).

See Delaware v. Prouse, 440 U.S. 648, 653 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979); State v. Jones, 483 So.2d 433, 435 (Fla.1986).

Jones, 483 So.2d at 438 (citations omitted).

In addition, although additional oral instructions were given in the field, those instructions were similar to the oral instructions to stop every fifth vehicle found inadequate in State v. Jones, id. at 435.

State v. Jones, 483 So.2d 433, 438 (Fla.1986) (requiring a written plan); Commonwealth v. Anderson, 406 Mass. 343, 350 , 547 N.E.2d 1134, 1138 (1989) (extending roadblock by half an hour invalidated a stop made after the roadblock was scheduled to end).

See also Delaware v. Prouse, 440 U.S. 648, 653-54 , 99 S.Ct. 1391, 1395-96 , 59 L.Ed.2d 660 (1979) *695 (stopping an automobile and detaining its occupant, even briefly, constitutes a seizure within the meaning of the fourth amendment to the United States Constitution); State v. Jones, 483 So.2d 433, 435 (Fla. 1986) (same).

Among the factors which should be considered are: (1) The degree of discretion, if any, left to the officer in the field; (2) the location designated for the roadblock; (3) the time and duration of the roadblock; (4) standards set by superior officers; (5) advance notice to the public at large; (6) advance warning to the individual approaching motorist; (7) maintenance of safety conditions; (8) degree of fear or anxiety generated by the mode of operation; (9) average length …

In State v. Jones, 483 So.2d 433, 439 (Fla.1986), Florida held unconstitutional a roadblock which stopped vehicles without any articulable suspicion of illegal activity as being violative of the Fourth Amendment.

Most States have ruled that “roadblocks stand or fall based on some set of neutral criteria governing the officers in the field.” State v. Jones, 483 So. 2d 433, 438 (Fla. 1986) (requiring written set of uniform guidelines).

State v. Jones, 483 So.2d 433, 435 (Fla. 1986).

Accord, State v. Jones, 483 So. 2d at 437, 439 .

See, e.g., State v. Jones, 483 So.2d 433 (Fla. 1986); State v. Deskins [ 234 Kan. 529 ], 673 P.2d 1174 (Kan. 1983).

See State v. Jones, 483 So.2d 433 , 435 (Fla.1986) (“Unquestionably, stopping an automobile and detaining its occupant constitutes a seizure within the meaning of the fourth amendment to the United States Constitution.”); see also Welch v. State, 741 So.2d 1268, 1270 (Fla. 5th DCA 1999).

See Jones v. State, 459 So.2d 1068, 1080 (Fla. 2d DCA 1984), aff'd, 483 So.2d 433 (Fla.1986).

See State v Jones, 483 So.2d 433 (Fla. 1986).

See, e.g., State v. Jones, 483 So.2d 433 (Fla.1986); State v. Deskins, 234 Kan. 529 , 673 P.2d 1174 (1983).

See State v. Jones, 483 So.2d 433 (Fla. 1986); State v. Beja, 451 So.2d 882 (Fla. 4th DCA 1984); State v. Delaney, 517 So.2d 696 (Fla. 2d DCA 1987); State v. Scott, 481 So.2d 40 (Fla. 3d DCA 1985), rev. denied, 492 So.2d 1335 (Fla. 1986).