Category Archives: Roadblocks

NC: Where def drove on grass approaching 4A violating checkpoint, there was RS

Because defendant’s stop at a checkpoint was already with reasonable suspicion, the court does not have to decide on the constitutionality of the roadblock [that appears to have caused it]. State v. Alvarez, 2023 N.C. LEXIS 940 (Dec. 15, 2023). … Continue reading

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D.Alaska: Admin. inspections of intrastate goldmines are legal under Mine Safety and Health Act

The Mine Safety and Health Administration sought an inspection of the respondent goldmine based on safety complaints it had received. The Fourth Amendment does not require an administrative warrant for an inspection. “Regulatory inspections pursuant to the Mine Act are … Continue reading

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NM: Suppression issues should not be decided at preliminary hearings

A preliminary hearing isn’t a proper place to resolve potential suppression issues. They happen on a “brisk time line” and the rules of evidence don’t apply to them. This is committed to the pretrial process in the trial courts. State … Continue reading

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SC: DL checkpoint was reasonable

Murder case: A highway checkpoint with four officers to check DLs, registration, and insurance was valid under Prouse, Sitz, and Edmund. No suggestion it was for general crime control. State v. Jones, 2023 S.C. LEXIS 61 (Mar. 29, 2023). Defendant … Continue reading

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MS: SW for Arkansas car’s GPS was used to put it at scene of crime

Defendant’s car was registered in Arkansas and was believed to be in a shootout in Mississippi. The car was found in Arkansas. Defendant was arrested on a Mississippi warrant and a search warrant was issued for the car’s GPS to … Continue reading

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E.D.Cal.: 4A does not require medical personnel participate in a prison strip search

The Fourth Amendment does not require medical personnel participate in a prison strip search. Graham v. Wright, 2022 U.S. Dist. LEXIS 136026 (E.D. Cal. Aug. 1, 2022). Defendant’s stop for late night knocking on the door of a house where … Continue reading

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NJ: Alleged third party consenter had no apparent authority

The third-party consent here was invalid because there was no reason to believe they had apparent authority. State v. Marcellus, 2022 N.J. Super. LEXIS 69 (May 18, 2022). The vehicle safety checkpoint was set up with a valid programmatic purpose, … Continue reading

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D.Kan.: 10 weeks of pole camera surveillance in disability fraud investigation was reasonable

Defendant was on disability. The government placed a pole camera across the street from his house to see whether he was able or not, and he was indicted for theft of public funds. Ten weeks of pole camera surveillance was … Continue reading

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NC: DUI checkpoint had programmatic purpose

The state proved a valid programmatic purpose for its driver’s license and DUI checkpoint. State v. Macke, 2021-NCCOA-70, 2021 N.C. App. LEXIS 61 (Mar. 16, 2021). Defense counsel was not ineffective for not challenging defendant’s stop because there was reasonable … Continue reading

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CA5: Traffic safety checkpoint was scantly justified, but still reasonable

A Mississippi traffic safety checkpoint was reasonable on the totality because every car was stopped, even though the programmatic purpose of the checkpoint was scant. Reasonable suspicion developed that the occupants of the vehicle were being trafficked. United States v. … Continue reading

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DE: Roadblock to catch fleeing bank robbers was reasonable

Realtime GPS tracking information from a bank money pack taken in a bank robbery led police to a block in Wilmington, Delaware. It was reasonable for the police to cordon off the entire block and seize every car in it … Continue reading

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CA4: Routine traffic checkpoint complied with 4A

A routine traffic checkpoint complied with the Fourth Amendment where the roadblock was established to check licenses, automobile registrations, and compliance with motor vehicle laws to ensure the safe and legal operation of motor vehicles on the roadways. Defendant did … Continue reading

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CA5: Citizen of China on ship stopped on high seas by U.S. officers had no 4A rights

“Liang’s first argument, concerning the denial of a hearing on his motion to suppress evidence, is wholly frivolous. Because Liang is ‘a citizen and resident of [China] with no voluntary attachment to the United States’ and the challenged search occurred … Continue reading

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NBC15: Frustration over spike in gun violence prompts district push for police checkpoints

NBC15: Frustration over spike in gun violence prompts district push for police checkpoints by Nicole Fierro: MOBILE, Ala. (WPMI) — Frustration over heightened gun violence is driving councilmembers to propose new actions. However, Mobile’s public safety director says some ideas … Continue reading

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Reason: Hit & Run blog: Going to Burning Man? The Feds Want You Searched for Drugs

Reason: Hit & Run blog: Going to Burning Man? The Feds Want You Searched for Drugs by Brian Doherty Can the government demand a warrantless search with no probable cause of ticket holders as a condition of issuing an event … Continue reading

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E.D.Ky.: DUI checkpoint was properly set up for proper motives and was reasonable

“In sum, the record establishes that the checkpoint at which Mink was stopped was not implemented in an unreasonable fashion under the Fourth Amendment. Instead, the checkpoint ‘was clearly aimed at reducing the immediate hazard posed by the presence of … Continue reading

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PA: Safety concerns are proper concerns for placement of a DUI checkpoint

“The selection and operation of the roadblock checkpoint was in substantial compliance with the Tarbert/Blouse guidelines.” Safety concerns are a proper concern in selection of the place for a DUI checkpoint. Commonwealth v. Mercado, 2019 PA Super 63, 2019 Pa. … Continue reading

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Reason.com: NYPD Orders Google to Trash Checkpoint Warnings

Reason.com: NYPD Orders Google to Trash Checkpoint Warnings by Joe Setyon:

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SF Chronicle: On the road to Burning Man, traffic stops and drug searches fuel backlash

SF Chronicle: On the road to Burning Man, traffic stops and drug searches fuel backlash by Peter Fimrite:

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TN: DUI checkpoint invalid: No advance warning, no bidirectional stopping, bad planning because traffic backed up right away, didn’t follow procedures

“The State has failed to show that the checkpoint was established and operated in accordance with predetermined operational guidelines or with supervisory authority that minimized the risk of arbitrary intrusion on liberty and limited the officers’ discretion at the scene.” … Continue reading

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