46-5-502. Authority to establish temporary roadblocks.
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/mt/title-46/chapter-5/part-5/46-5-502·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-5-502 . Authority to establish temporary roadblocks.
(1)A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to:
(a)apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States;
(b)except as provided in 7-33-2212 , respond to an active emergency; or
(c)respond to or mitigate conditions in areas where a significant number of known causal factors of motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have occurred.
(2)During a temporary roadblock, verification of a valid driver's license, vehicle registration, and insurance may be required.
(3)In the course of conducting a roadblock under subsection (1)(c), a law enforcement officer may not issue a ticket, citation, or summons for a secondary offense.
(4)For purposes of this section, the following definitions apply:
(a)"Active emergency" means an incident that threatens public safety, health, or welfare and requires immediate action.
(b)"Secondary offense" means a violation of an offense, including a violation of 61-13-103 , for which a law enforcement officer may only issue a ticket, citation, or summons after the driver has already been stopped for a violation of another offense.