Written plan -- Approval of magistrate.

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  • (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.




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