Was The Police Checkpoint On Redwood Road Completely Lawful?

Tempers have flared over the recent Police Checkpoint on Redwood Road between Saratoga Springs and Bluffdale.

Saratoga Watchdogs have discovered that while there may have been a Saratoga Springs PD Presence, the checkpoint was carried out by Lehi PD.

The question still stands – “Was the checkpoint Legal?”

Was a Saratoga Springs PD Presence part of the written plan that was required to be submitted to and approved by a magistrate prior to carrying out said checkpoint?

Was a plan actually submitted and approved by a magistrate.

We Want To Know….

If Saratoga Springs PD Staff participated in the police checkpoint without prior authorization in an approved plan of action, this is a grave violation of the law.

Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 23 Search and Administrative Warrants
Section 101 Title of act.

77-23-101. Title of act.
Sections 77-23-101 through 77-23-105 may be cited as the “Administrative Traffic Checkpoint Act.”

Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 23 Search and Administrative Warrants
Section 102 Definitions.

77-23-102. Definitions.
As used in this part:
(1) “Administrative traffic checkpoint” means a roadblock procedure where enforcement officers stop all, or a designated sequence of, motor vehicles traveling on highways and roads and subject those vehicles to inspection or testing and the drivers or occupants to questioning or the production of documents.
(2) “Command level officer” includes all sheriffs, heads of law enforcement agencies, and all supervisory enforcement officers of sergeant rank or higher.
(3) “Emergency circumstances” means circumstances where enforcement officers reasonably believe road conditions, weather conditions, or persons present a significant hazard to persons or the property of other persons.
(4) “Enforcement officer” includes:
(a) peace officers as defined in Title 53, Chapter 13, Peace Officer Classifications;
(b) correctional officers as defined in Title 53, Chapter 13;
(c) special function officers as defined and under the restrictions of Title 53, Chapter 13; and
(d) federal officers as defined in Title 53, Chapter 13.
(5) “Magistrate” includes all judicial officers enumerated in Subsection 77-1-3(4).
(6) “Motor vehicle” includes all vehicles as defined in Title 41, Chapter 1a.

Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 23 Search and Administrative Warrants
Section 103 Circumstances permitting an administrative traffic checkpoint.

77-23-103. Circumstances permitting an administrative traffic checkpoint.
A motor vehicle may be stopped and the occupants detained by an enforcement officer when the enforcement officer:
(1) is acting pursuant to a duly authorized search warrant or arrest warrant;
(2) has probable cause to arrest or search;
(3) has reasonable suspicion that criminal activity has occurred or is occurring;
(4) is acting under emergency circumstances; or
(5) is acting pursuant to duly authorized administrative traffic checkpoint authority granted by a magistrate in accordance with Section 77-23-104.

Enacted by Chapter 72, 1992 General Session
Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 23 Search and Administrative Warrants
Section 104 Written plan — Approval of magistrate.

77-23-104. Written plan — Approval of magistrate.
(1) An administrative traffic checkpoint may be established and operated upon written authority of a magistrate.
(2) A magistrate may issue written authority to establish and operate an administrative traffic checkpoint if:
(a) a command level officer submits to the magistrate a written plan signed by the command level officer describing:
(i) the location of the checkpoint including geographical and topographical information;
(ii) the date, time, and duration of the checkpoint;
(iii) the sequence of traffic to be stopped;
(iv) the purpose of the checkpoint, including the inspection or inquiry to be conducted;
(v) the minimum number of personnel to be employed in operating the checkpoint, including the rank of the officer or officers in charge at the scene;
(vi) the configuration and location of signs, barriers, and other means of informing approaching motorists that they must stop and directing them to the place to stop;
(vii) any advance notice to the public at large of the establishment of the checkpoint; and
(viii) the instructions to be given to the enforcement officers operating the checkpoint;
(b) the magistrate makes an independent judicial determination that the plan appropriately:
(i) minimizes the length of time the motorist will be delayed;
(ii) minimizes the intrusion of the inspection or inquiry;
(iii) minimizes the fear and anxiety the motorist will experience;
(iv) minimizes the degree of discretion to be exercised by the individual enforcement officers operating the checkpoint; and
(v) maximizes the safety of the motorist and the enforcement officers; and
(c) the administrative traffic checkpoint has the primary purpose of inspecting, verifying, or detecting:
(i) drivers that may be under the influence of alcohol or drugs;
(ii) license plates, registration certificates, insurance certificates, or driver licenses;
(iii) violations of Title 23, Wildlife Resources Code of Utah; or
(iv) other circumstances that are specifically distinguishable by the magistrate from a general interest in crime control.
(3) Upon determination by the magistrate that the plan meets the requirements of Subsection (2), the magistrate shall sign the authorization and issue it to the command level officer, retaining a copy for the court’s file.
(4) A copy of the plan and signed authorization shall be issued to the checkpoint command level officer participating in the operation of the checkpoint.
(5) Any enforcement officer participating in the operation of the checkpoint shall conform his activities as nearly as practicable to the procedures outlined in the plan.
(6) The checkpoint command level officer shall be available to exhibit a copy of the plan and signed authorization to any motorist who has been stopped at the checkpoint upon request of the motorist.

Section 104.5 Signs — Prohibitions.

77-23-104.5. Signs — Prohibitions.
An enforcement officer may not display a sign that notifies motorists of an administrative traffic checkpoint unless the checkpoint is being operated under the authority of a magistrate as provided in Section 77-23-104.