{"id":5474,"date":"2013-06-01T22:16:23","date_gmt":"2011-04-24T10:27:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-24T10:27:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5474","title":{"rendered":"NC: DWI roadblock satisfied reasonableness under the Fourth Amendment"},"content":{"rendered":"

Based on the trial court\u2019s findings, the DWI checkpoint in this case was reasonable. State v. Nolan<\/a>, 211 N.C. App. 109, 712 S.E.2d 279 (2011):<\/p>\n

\u201cTo determine whether a seizure at a checkpoint is reasonable requires a balancing of the public\u2019s interest and an individual\u2019s privacy interest.\u201d Rose, 170 N.C. App. at 293, 612 S.E.2d at 342. \u201cIn order to make this determination, this Court has required application of the three-prong test set out by the United States Supreme Court in Brown v. Texas, 443 U.S. 47, 50, 61 L. Ed. 2d 357, 361, 99 S. Ct. 2637, 2640 (1979).\u201d Jarrett, __ N.C. App. at __, 692 S.E.2d at 424-25 (citing Rose, 170 N.C. App. at 293, 612 S.E.2d at 342). \u201cUnder Brown, the trial court must consider \u2018[1] the gravity of the public concerns served by the seizure[;] [2] the degree to which the seizure advances the public interest[;] and [3] the severity of the interference with individual liberty.\u2019\u201d Id. at __, 692 S.E.2d at 425 (quoting Rose, 170 N.C. App. at 293-94, 612 S.E.2d at 342 (internal quotations and citation omitted)).\n<\/p><\/blockquote>\n

The affidavit was not stale despite its lack of specific time because the reasonable inference was that it was really recent. \u201c[T]he affidavit adequately suggested a continuing criminal operation.\u201d Jones v. State<\/a>, 338 S.W.3d 725 (Tex. App.\u2014Houston (1st Dist.) 2011)*:<\/p>\n

Mindful that a grudging, negative attitude towards warrants would be inconsistent with the Fourth Amendment\u2019s preference for searches conducted pursuant to warrants, see Gates, 462 U.S. at 236, 103 S. Ct. at 2331, we hold that the temporal references within the affidavit allowed the magistrate to determine there was a substantial basis for concluding that a search would uncover evidence of wrongdoing. We reach this conclusion because the affidavit adequately suggested a continuing criminal operation, including \u201crecently\u201d obtained information from the first confidential informant, from the affiant\u2019s own investigation, and from the second confidential informant who made the controlled buy. All of this information supported the affiant\u2019s belief that a violation was \u201ccurrently\u201d taking place on a specified date when the affidavit was sworn, and at a time which was no more than 24 minutes before the specified time when the search warrant was signed.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5474","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5474","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5474"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5474\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5474"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5474"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5474"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}