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eBook details

• Title: People v. Banks
• Author : Supreme Court Of California
• Release Date : January 23, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

In Ingersoll v. Palmer (1987) 43 Cal. 3d 1321 [241 Cal. Rptr. 42, 743 P.2d 1299] (hereafter Ingersoll ), this court upheld the constitutionality of sobriety checkpoints conducted pursuant to various safeguards, observing, in the course of our analysis, that advance publicity is one such safeguard "important to the maintenance of a constitutionally permissible sobriety checkpoint." ( at p. 1346.) In the present case, the Court of Appeal interpreted Ingersoll to require advance publicity as a prerequisite to the constitutional validity of a sobriety checkpoint. As we shall explain, however, the United States Supreme Courts analysis of the constitutionality of sobriety checkpoints in Michigan State Police Dept. v. Sitz (1990) 496 U.S. 444 [110 L.Ed.2d 412, 110 S.Ct. 2481] (hereafter Sitz), decided three years after our Ingersoll decision, establishes that advance publicity is not a constitutional prerequisite to the operation of such a checkpoint. Accordingly, we reverse the judgment of the Court of Appeal.

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