Federal 7th Circuit Court
Criminal Court
Search and Seizure
In prosecution on drug distribution and firearms charges, Dist. Ct. did not err in denying defendant's motion to suppress seizure of drugs and gun that police obtained during sobriety checkpoint. While defendant argued that instant checkpoint was unreasonably intrusive, Dist. Ct. could properly find that no 4th Amendment violation occurred where average wait on roadway was only 1 to 5 minutes, and where police asked only limited questions relating to driver's license, registration and insurance. Moreover, instant motorists were warned about checkpoint and could have turned to avoid checkpoint if they wished.