N.D.Miss.: Uncontradicted testimony that a DL checkpoint was validly set up makes checkpoint valid; plain view sustained

The state set up a driver’s license and safety checkpoint, and defendant was stopped there. He doesn’t contradict the officer’s testimony that it was set up by supervisory persons and was limited in time and scope. The stop was thus valid, and the plain view of the silencer on defendant’s rifle was valid, too. United States v. Gray, 2019 U.S. Dist. LEXIS 203481 (N.D. Miss. Nov. 21, 2019).

Defendant was in a roofless vehicle stopped by the police because the LPN came back without insurance. The occupants were recognized as gang members, and defendant profanely addressed a bystander and aggressively stood up in the vehicle. The officers reasonably believed that violence was coming, and a frisk was justified. State v. Mitchell, 2019 UT App 190, 2019 Utah App. LEXIS 189 (Nov. 21, 2019).*