Checkpoint-Vulnerability

Michigan Dept. of State Police v. Sitz authorizes suspicionless DUI checkpoints only within a narrow constitutional space defined by load-bearing operational conditions; deviations from those conditions are actionable under the Fourth Amendment and 42 U.S.C. § 1983

Sitz authorizes suspicionless DUI checkpoints — but only inside four load-bearing operational conditions. Each is independently actionable when violated. Silence, refusal of consent, stop-duration documentation, FOIA for the written plan, and § 1983 damages action for any constitutional violation. No wealth or political connection required. The single § 1983 defense cost regularly exceeds the revenue from hundreds of DUI arrests.