OFF THE WIRE
A tactic used by the federal government to gather information for
anti-drunken and drugged driving programs is coming under criticism in
cities around the country, and some local police agencies say they will
no longer take part.
The tactic involves a subcontractor for the
National Highway Traffic Safety Administration that uses off-duty but
uniformed police at voluntary roadside checkpoints where motorists are
asked on their behavior behind the wheel. In some cases, workers at
the checkpoints collect blood and saliva samples, in addition to breath
samples. NHTSA has said previously that the surveys do not collect any
DNA. Drivers are not charged at the checkpoints.
In an era of
rampant distrust of the federal government and in the wake of the Obama
administration's National Security Agency surveillance scandal in which
the agency has collected telephone calling records from millions of
unsuspecting Americans, the checkpoints have come under intense
criticism in several cities this year.
"Five years ago it would
have been a different story," says St. Charles County, Mo., Sheriff Tom
Neer, who recently authorized deputies to participate in a checkpoint in
his St. Louis suburb and saw a public backlash. "There're just such
strong anti-government feelings among people. Under the circumstances, I
would not allow them to do it again. It's just because of the
perception."
The NHTSA has conducted the surveys for more than 40
years, in cities across the USA and usually at roughly 10-year
intervals. In many cases, off-duty, uniformed police officers randomly
wave motorists over; they are then asked by workers for subcontractor
Pacific Institute for Research and Evaluation if they will participate
in the voluntary survey. Drivers who decline are allowed to leave.
However,
the mere presence of uniformed officers gives the checkpoints an aura
of authority, says Mary Catherine Roper, a senior staff attorney with
the American Civil Liberties Union of Pennsylvania. She is studying the
issue there after motorists complained about a survey checkpoint last
month in Reading.
"We have a whole bunch of rules about when
police can pull you over," she says. "It looks like an exercise of
official authority when a cop pulls you over. People assume it's
mandatory, and of course you're going to stop. That's a constitutional
problem right there.
"Normally, police cannot pull you over unless
they have a good reason for thinking you've done something wrong,"
Roper says. "There's no exemption to the Constitution for conducting a
survey. They're pulling people off the road."
She suggests "there
are lots of other places you can talk to drivers. You could hand out
notes at a toll booth asking them to participate. You could do them at
highway rest stops. There are a lot of ways to do this that do not
involve … the government forcing you off the road."
This year's round of surveys is only the second time that data have been obtained on drug use by drivers.
In
an e-mailed statement, NHTSA defended the surveys: "Each year, close to
10,000 people die in drunk driving crashes: 27 people a day, or one
person every 53 minutes, according to data (from NHTSA)," the statement
says.
"To better understand the issue, the agency has regularly
conducted its National Roadside Survey of Alcohol and Drugged Driving in
communities across the country for over 40 years," according to the
statement. "The survey provides useful data about alcohol and drug use
by drivers, and participation is completely voluntary and anonymous.
More than 60 communities across the country will participate this year,
many of which participated in the previous survey in 2007. NHTSA always
works closely with state and local safety officials and local law
enforcement to conduct these surveys as we work to better inform our
efforts to reduce drunk and drugged driving."
Drivers have reportedly been offered $10 for cheek swabs and $50 for blood.
The
checkpoints spurred complaints in November from drivers in the Fort
Worth area. Fort Worth Police Chief Jeffrey Halstead apologized for his
officers' participation on the department's Facebook page. He added:
"Any future Federal survey of this nature, which jeopardizes the
public's trust, will not be approved for the use of Fort Worth police."
And
in June, Alabama Gov. Robert Bentley, a Republican, said the stops were
"bad timing" after drivers complained about checkpoints in St. Clair
County and Bibb County, both near Birmingham. State officials
investigated and found that motorists didn't report "undue pressure" to
participate, but suggested to Bentley that state police refrain from
helping with future studies.
Neer said six of his off-duty,
uniformed officers were "duped" into moonlighting at the checkpoints.
"Our department coordinator got information from the subcontractor, and
came to me," Neer says. "I approve all overtime compliance with private
entities. They wanted to know if we'd provide a couple of deputies just
for security."
At the Dec. 6 and 7 checkpoints, uniformed deputies
in marked cruisers flagged down motorists and showed them to a marked
area alongside the road where a NHTSA subcontractor asked if they wanted
to participate in the survey. Those who declined were allowed to leave,
Neer says.
He says he had not expected the deputies to actively participate, but only to provide security.
Pacific Research could not be reached for comment.