PEOPLE v. ALVARADO
Appellant, Walter Alvarado, challenges the denial of his motion to suppress following his arrest at a DUI checkpoint. He had been charged with driving under the influence and driving with a blood alcohol level in excess of 0.08%.
The issue before us is whether the People sustained their burden of proof in establishing the factors under Ingersoll v. Palmer (1987) 43 Cal.3d 1321 (Ingersoll). That case lists the factors governing whether a DUI checkpoint is operated in compliance with the Fourth Amendment of the United States Constitution. (People v. Banks (1993) 6 Cal.4th 926, 934 (Banks).)
While we only follow established law here, we write to address what appear to be repeated difficulties encountered by the People in making the record required to establish the legitimacy of these checkpoints.
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