NEWPORT-Do roadblocks by the Tennessee Highway Patrol have to be given "advance publicity" or otherwise be announced beforehand in order to successfully prosecute anyone caught or cited at the roadblock?

The answer is yes.

On Feb. 8, a case involving Nicola V. Scarna, who was stopped at a New Year's Eve roadblock in Cocke County on Dec. 31, 2008, was dismissed in criminal court because the roadblock was not announced publicly in advance.

Scarna was charged by a grand jury in July 2009 for DUI, violation of the Tennessee implied consent law, and driving on a suspended, cancelled, or revoked license.

The Tennessee Supreme Court has ruled that in order for a roadblock to be constitutional, it must be publicized in advance because of the alleged potential deterrent doing so would have on drivers.

Constitutionally, however, the media cannot be required to run notices on future roadblocks, but can do so voluntarily.

Two major cases before the Tennessee Supreme Court-the Downey case from 1997, and the Hicks case from 2004-indicate that "advance publicity" of roadblocks is a key element in making them constitutional.

"We're trying to secure more assistance from the media" to publicize the roadblocks in advance, said Mike Browning, Public Information Officer for the THP.

Browning explained that on "major" enforcement campaigns, like roadblocks on St. Patrick's Day, the Super Bowl, Memorial Day weekend, and July 4 weekend, his office issues a press release statewide.

For roadblocks by the THP in Cocke County, however, it's up the local THP district office, which is located in Fall Branch, to publicize where they will be staged.

Jimmy Dunn, District Attorney General, said, "If you use the road, it's a privilege." He also said, "We're going to do what we have to do" to publicize roadblocks before they are held, even if that includes paying for advertisements in newspapers of upcoming roadblocks.

In response to a reporter's question, Dunn agreed that if he or the THP must purchase an ad in a newspaper to publicize a roadblock, that requirement could be seen as an "unfunded mandate" imposed by the legislature.

Still, he quickly added, "I've never complained about paying the bills. This is a (Tennessee) Supreme Court decision that we have to do it (publicize the roadblocks in advance)."

He added, "Right now, I don't think we have a legal ground" to challenge the requirement.

However, he said, "it's definitely something we need to discuss" at the next monthly meeting of attorney generals in Nashville. (He said the Tennessee District Attorney Generals' Conference is made up of 31 elected district attorney generals.)

The Tennessee Supreme Court ruled in the 2004 Hicks case that, "Apart from the important deterrence aspects discussed earlier, advanced publicity also gives citizens the important choice of not exposing themselves to state intrusion without prior suspicion of wrongdoing. Moreover, citizens who are aware that they may be subject to roadblocks have more of a basis to 'anticipate and understand the circumstances' of the stop."

Dunn said, "The courts want to be sure we treat everyone fair."

However, the district attorney general questioned the validity of the Supreme Court's assumptions.

Dunn said Friday afternoon, "Right now, I'm here in the west end ... I'm saying that if I were to set up a roadblock now (without advance warning), that is a way to be sure everyone has a valid driver's license and that the tag on their car matches the car."

He added, "That's not assuming guilt. We know from history that not everyone is driving legally."

Cocke County Sheriff Claude Strange said he was familiar with the requirement. He said his department occasionally helps the Tennessee Highway Patrol and Newport Police Department with their roadblocks if they have available manpower.