{"id":1041,"date":"2007-06-17T04:55:13","date_gmt":"2007-06-07T07:37:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-06-07T07:37:42","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1041","title":{"rendered":"D.C. traffic roadblock was unconstitutional"},"content":{"rendered":"

A D.C. speeding and “safety and compliance checkpoint” was unconstitutional because it was set up ad hoc to check driver’s licenses [and potentially pretextually to reduce speeding, for which no evidence was offered]. “Ultimately, however, it is not necessary for the Court to decide whether speed prevention was a ‘subterfuge’ for crime prevention. United States v. McFayden,<\/em> 275 U.S. App. D.C. 207, 865 F.2d 1306, 1312 (D.C. Cir. 1989), abrogated in part by Davis,<\/em> 270 F.3d at 981. For even accepting the assertion that the roadblock’s primary purpose was to prevent speeding, the government has not met its burden of demonstrating that defendant’s suspicionless stop was reasonable under Brown<\/em>‘s three-part balancing test.” On the proof, the roadblock failed all standards. United States v. Hudson, 2007 U.S. Dist. LEXIS 40538 (D. D.C. June 5, 2007).<\/p>\n

NAMBLA had no reasonable expectation of privacy when it solicited persons to join and an FBI agent did. United States v. Mayer, 2007 U.S. App. LEXIS 13022 (9th Cir. June 6, 2007):<\/p>\n

Here, NAMBLA invited Agent Hamer to join its group, participate in its holiday card program, attend its conferences, and participate in the privacy committee. He received access to other people, not access to files or information. In essence, NAMBLA invited Agent Hamer to join its social network; his conversations with other members were well within the scope of that invitation, and NAMBLA had no legitimate expectation of privacy in them.<\/p>\n

In summary, Aguilar<\/em> articulates a Fifth Amendment requirement of good faith and a Fourth Amendment warrant requirement. Neither requirement becomes more stringent in light of the threat to First Amendment values. Rather, the risk of a First Amendment violation is part of the analysis courts apply under the Fourth and Fifth Amendments. We hold that this investigation fell within these bounds.<\/p><\/blockquote>\n

\u00a7 1983 claim for involuntary commmitment failed as a due process and Fourth Amendment claim because there was plenty of cause for the commitment, confirmed by several doctors. Fisk v. Letterman, 2007 U.S. Dist. LEXIS 40780 (S.D. N.Y. June 6, 2007).*<\/p>\n

Removing a boisterous “patron” from the courthouse law library to a holding cell for a little while was not unreasonable. There had been a history of trouble between the plaintiff and courthouse security. Birhanzl v. Doe, 2007 U.S. Dist. LEXIS 40548 (D. Ore. May 30, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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