The Associated Press is reporting that the Texas Department of Public Safety is asking the Attorney General's office to issue an opinion on the legality of traffic checkpoints. 

I know little about criminal law, but am interested in how this turns out under our Court of Criminal Appeals.  In 1994, the Court of Criminal Appeals in State v. Holt held that DWI sobriety checkpoints could be done under a balancing test, but they need express authorization and implementation by a state-wide body, which Texas doesn't have.  On the other hand, in the 2000 case of Schenekl v. State, the Court of Criminal Appeals held that random checks of boaters was constitutionally allowed.  I don't see how that's much different than traffic checkpoints, but what do I know?

I need the opinion of some criminal lawyers.  Maybe Ken Gibson or Jamie Spencer will chime in.

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