NC: Trial court erred in not considering Brown factors in considering reasonableness of a checkpoint

“Defendant concedes and we agree that the trial court correctly determined that the checkpoint had a legitimate primary purpose. The trial court found that the purpose of the checkpoint was to check ‘each driver stopped for a valid driver’s license and evidence of impairment[,]’ both of which are lawful programmatic purposes. See Edmond, 531 U.S. at 37-38, 121 S. Ct. at 452. However, the trial court did not adequately weigh the three Brown factors and thus could not assess whether the public interest in this checkpoint outweighed its infringement on Defendant’s Fourth Amendment privacy interests.” The constitutionality of a state statute isn’t preserved. State v. Cobb, 2020 N.C. App. LEXIS 963 (Dec. 31, 2020).

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