Squire

Pursuant to California Rules of Court, rule 62 et seq., we accepted a transfer of this case from the Appellate Department of the Riverside Superior Court. The sole issue presented by this appeal is the adequacy of the advance publicity of a sobriety checkpoint. The trial court found there was insufficient advance publicity for the checkpoint, and consequently, it granted a motion brought pursuant to Penal Code section 1538.5 suppressing all evidence seized after the defendant was detained in it. The district attorney appealed to the appellate department which reversed the trial court. The defendant then petitioned for a rehearing or in the alternative for certification to this court. We agree the lower court erred in granting the motion to suppress and reverse.

Facts

During the Labor Day weekend on Friday, August 30, 1991, around 7:30 p.m. the defendant was driving his car on city streets when he entered a sobriety checkpoint being operated on Van Burén north of Philbin. A Riverside city policeman observed the defendant displaying objective signs of intoxication. An investigation ensued which led to the arrest of the defendant for a violation of Vehicle Code section…