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). The court’s problem here is that defendant’s bad driving occurred as he was stopping for the checkpoint. The trial court found the checkpoint violated the Fourth Amendment. The court of appeals affirmed in July 2021. “The trial court did not address whether the officers had independent reasonable suspicion to stop defendant, despite having heard arguments on independent reasonable suspicion.” SCOTUS will never take this despite the “fruit of the poisonous tree.”

The protective sweep of plaintiff’s property was reasonable because a serious crime involving him was just reported, and he was nowhere to be found. Russell v. Comstock, 2023 U.S. Dist. LEXIS 222544 (E.D. Wis. Dec. 14, 2023).*

The court finds the search warrant was based on an unsupported CI and had old information. The good faith exception, however, is not briefed. Briefs due in mid-January. United States v. Price, 2023 U.S. Dist. LEXIS 222649 (N.D. Ind. Dec. 14, 2023).*