Commonwealth v. Bothman

In Commonwealth v. Bothman, Ky. App., 941 S.W.2d 479 (1996), the court found that the evidence did not substantiate that the police failed to follow the OM-E-4. The court continued: Even if the checkpoint was established in contradiction to the express language of OM-E-4, which we do not believe to be the case, the dispositive question is whether the establishment of the checkpoint and the subsequent discovery and seizure of the evidence passes constitutional muster. Technical noncompliance with OM-E-4, which does not have the force of law, does not inexorably lead to the conclusion that the establishment of the checkpoint was violative of the constitutions of the United States or of the Commonwealth. Id. at 481. Bothman instructs that the dispositive query is whether the road block was constructed so as to pass constitutional muster.