Category Archives: Roadblocks

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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W.D.N.C.: Roadblock near scene of home invasion robbery was reasonable

Police set up a perimeter a distance around the scene of a home invasion looking for the car involved, and defendant’s car was stopped. This checkpoint stop was valid under Illinois v. Lidster. United States v. Gilmore, 2018 U.S. Dist. … Continue reading

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CA5: Greyhound bus interdiction at Conroe TX was not a checkpoint stop; defendant disclaimed bag and bus driver’s consent applied to it

A Greyhound bus interdiction at Conroe, Texas was not a checkpoint stop. Two plainclothes officers got on the bus and walked down the aisle. Defendant was feigning sleeping. He ultimately consented to a search of a bag over his head … Continue reading

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Michigan Daily: Libertarians protest roadside drug-testing program

Stunning, the chutzpa of the Michigan State Police: Michigan Daily: Libertarians protest roadside drug-testing program by Leah Graham:

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PA: Commercial truck inspections coming into a landfill were valid under Burger

Pennsylvania State Police and environmental inspectors set up a roadblock into a landfill to inspect commercial trucks. In defendant’s truck they found some beer, and he was charged with DWI and “unlawful activities.” The stop and inspect of defendant’s truck … Continue reading

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WI: Checkpoint minutes after an armed robbery was reasonable; only two cars stopped

Officers responding to an armed robbery call were in the vicinity and parked in the street with top lights on along a possible escape route creating de facto checkpoint or roadblock. Because of time of day, there were few cars … Continue reading

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PA: Random suspicionless stops of boats on inland waters for safety inspection is unreasonable

Surveying apparently all the cases and statutes, Pennsylvania decides that random suspicionless stops of boats violate both the Fourth Amendment and the state constitution. The court distinguishes stops on the open seas upheld in United States v. Villa monte-Marquez. “Thus, … Continue reading

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E.D.N.C.: Driver’s license checkpoints don’t require written rules

Driver’s license checkpoints don’t require written rules. United States v. Moore, 2017 U.S. Dist. LEXIS 116012 (E.D. N.C. May 18, 2017), adopted, 2017 U.S. Dist. LEXIS 115453 (E.D. N.C. July 25, 2017):

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E.D.N.C.: DL checkpoint stopping all cars was reasonable

Defendant was stopped at a driver’s license checkpoint where all cars were stopped. The court finds the checkpoint constitutional. Defendant then consented to the search of his car. United States v. Moore, 2017 U.S. Dist. LEXIS 116012 (E.D. N.C. May … Continue reading

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MT: Admission at a game checkpoint wasn’t “in custody”

Defendant was stopped at a game checkpoint and admitted to placing his daughter’s tag on a deer he shot. He was not “in custody” when he confessed. State v. Maile, 2017 MT 154, 2017 Mont. LEXIS 350 (June 23, 2017). … Continue reading

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MA: Minor deviations from the DUI roadblock plan don’t require suppression

The minor deviations from the plan for the DUI roadblock here don’t require suppression. Commonwealth v. Baker, 2017 Mass. App. LEXIS 53 (May 4, 2017). A citizen informant’s call that defendant had a knife in his back pocket justified a … Continue reading

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