{"id":60034,"date":"2025-02-04T10:43:59","date_gmt":"2025-02-04T15:43:59","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60034"},"modified":"2025-02-14T08:36:41","modified_gmt":"2025-02-14T13:36:41","slug":"ms-admitted-general-crime-control-roadblock-still-upheld-based-on-part-time-officers-inexperience","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60034","title":{"rendered":"MS: Admitted “general crime control” roadblock still upheld based on part-time officer’s inexperience"},"content":{"rendered":"\n

While the officer in charge of the DL roadblock (highway safety) essentially admitted it was for general crime control (see Edmund v. City of Indianapolis), the court goes with the DUI arrest being valid. The officer \u201cwas the most inexperienced law enforcement officer for the Town of Puckett. That’s not his fault. That’s just the nature of what it is. He started in January of 2023. He’s a part-time worker. He does other work primarily. This is a part-time job for him.\u201d Kendrick v. State<\/a>, 2025 Miss. LEXIS 23 (Jan. 30, 2025). This is reminiscent of the Barney Fife exception to the Fourth Amendment<\/a>. Update:<\/em> techdirt: Mississippi\u2019s Top Court Says Rights Violations Are OK If Cops Don\u2019t Know How To Do Their Jobs<\/a> by Tim Cushing<\/p>\n\n\n\n

On a turn signal violation: \u201c\u2026 the question is not whether Moore was affected by Defendant’s turn; the question is whether Moore had probable cause to believe that he may have been affected. Moore was the only vehicle traveling in the area. He was traveling directly behind Defendant. Moore did not need to turn his vehicle or stop abruptly \u2014 or stop at all \u2014 due to Defendant’s failure to use a turn signal.\u201d United States v. Bailey, 2025 U.S. Dist. LEXIS 15485 (N.D. W.Va. Jan. 29, 2025).*<\/p>\n\n\n\n

The body cam video shows defendant consented to the search of his vehicle and didn\u2019t seek to limit it in any way. State v. Warren, 2025-Ohio-256 (7th Dist. Jan. 28, 2025).*<\/p>\n\n\n\n

No 2254 CoA for defendant\u2019s Fourth Amendment litigated in state court on plain error review. Youngblood v. Corrigan, 2025 U.S. App. LEXIS 2076 (6th Cir. Jan. 29, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

While the officer in charge of the DL roadblock (highway safety) essentially admitted it was for general crime control (see Edmund v. City of Indianapolis), the court goes with the DUI arrest being valid. The officer \u201cwas the most inexperienced … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[126,20,61],"tags":[],"class_list":["post-60034","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-probable-cause","category-roadblocks"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60034","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=60034"}],"version-history":[{"count":4,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60034\/revisions"}],"predecessor-version":[{"id":60129,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60034\/revisions\/60129"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60034"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60034"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60034"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}