M.D.Ala.: traffic safety checkpoint was sustained under Delaware v. Prouse

A traffic safety checkpoint was sustained under Delaware v. Prouse. “The 51 citations issued at the checkpoint support Chief Warren’s testimony that the primary purpose of the checkpoint was traffic safety. Accordingly, the record clearly reflects that the checkpoint was designed to serve the special need of traffic safety.” “Chief Warren testified that the Operational Plan was followed by the officers in conducting the checkpoint, the vehicles were stopped briefly by the officers, and the motorists were subjected to a few questions relevant to traffic safety. Barton’s testimony corroborated the testimony of Chief Warren. There is no evidence in the record that the officers deviated from this procedure. Accordingly, the court finds that the balance of the interests weigh in favor of finding the checkpoint reasonable under the Fourth Amendment.” United States v. Turner, 2020 U.S. Dist. LEXIS 25275 (M.D. Ala. Jan. 27, 2020).

The government’s dual assertion of an entry justified by community caretaking function and consent is decided on consent, mooting the other. In addition, any claim the exigency abated is also mooted. United States v. Arredondo, 2020 U.S. Dist. LEXIS 25322 (D.S.D. Feb. 13, 2020).*

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