{"id":512,"date":"2006-11-04T18:23:05","date_gmt":"2006-10-21T14:28:52","guid":{"rendered":""},"modified":"2017-09-17T13:44:00","modified_gmt":"2017-09-17T18:44:00","slug":"en-us-230","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=512","title":{"rendered":"Seatbelt roadblock led to \u00a7 1983 action which was dismissed"},"content":{"rendered":"

A new rationale for a pretextual roadblock in Clinch County, Georgia: seatbelts. The court found that the plaintiff did not satisfy her burden under Edmond<\/em>, never citing Heck<\/em> even though the plaintiff was convicted in state court. Scruggs v. Lee, 2006 U.S. Dist. LEXIS 75821 (M.D. Ga. September 30, 2006):<\/p>\n

The roadblock was being operated in conjunction with a “Click-It-or Ticket” Campaign conducted by the Clinch County Sheriff’s Office. In addition to the Clinch County Sheriff’s Department deputies who were present, law enforcement officials from the Georgia Department of Corrections and the Georgia Department of Natural Resources were assisting with the roadblock. There were also canine units at the scene which were being used to detect for illegal drugs.<\/p><\/blockquote>\n

Evaluating the stop under City of Indianapolis v. Edmond<\/em>:<\/p>\n

Scruggs relies on the number of canine units present as well as his claim that a drug dog was presented at his car before he even had a chance to provide his driver’s license to support his claim that the primary purpose of the roadblock was to detect evidence of criminal wrongdoing. However, even accepting these allegations as true, the Court finds that they are insufficient to create a jury issue on the question of whether the primary purpose of the roadblock was legitimate, i.e., for the purpose of promoting safety on the highways, or not legitimate, i.e, for the purpose of detecting evidence of criminal wrongdoing. Each of the officers deposed stated that the primary purpose of the roadblock was to check for seat belt violations. Although each also added that he was also checking for other evidence of illegal activity, this adds nothing to the equation–an on-duty police officer is always checking for evidence of illegal activity. Moreover the presence of three police dogs, one of which may have been brought to the car before Scruggs produced his license is insufficient to show that the primary purpose was to obtain evidence of general criminal wrongdoing. Therefore, the Court finds that the stop of Scruggs’ vehicle was not unlawful but was made pursuant to a valid highway roadblock.<\/p><\/blockquote>\n

Comment:<\/em> This case needs to be appealed. The fact a dog was on the car before the driver’s license was out was sufficient to me to state a claim for relief and was a sufficient ground to have appealed in the state court system. Because of Heck<\/em> limitations, however, being in federal court is a poor forum.<\/p>\n

Strip search for possession of marijuana charge was factually justified on the totality because the small quantity in the vehicle could have led to a small quantity on the person, so MSJ granted. Hartline v. Gallo, 2006 U.S. Dist. LEXIS 75849 (E.D. N.Y. September 30, 2006).<\/p>\n

PC was found from defendant meeting a truck that was caught coming through Customs with drugs. The truck was allowed to go on to its meeting place, and surveillance was set up. Meeting the truck after driving so long was PC. United States v. Lam, 2006 U.S. Dist. LEXIS 75869 (W.D. N.Y. May 23, 2006):<\/p>\n

The commonsense adage “birds of [a] feather flock together,” applies to the instant facts. At the point Tran was arrested, the agents knew the SUV had been driven a long distance for the purpose of taking delivery, as a prearranged place and time, of a large amount of smuggled marijuana. Whether Tran was, in fact, an active and knowing coconspirator is not the issue on the instant motion; rather, the question is whether the agents had probable cause to believe Tran was involved in the underlying criminality. Based on the totality of the undisputed facts leading to her arrest, there was nothing to suggest that Tran was merely an innocent visitor to the area who had made a bad choice of traveling companions. Accordingly, the Government has fully satisfied its burden to establish that Tran’s warrantless arrest was based upon probable cause. United States v. Pena, <\/em>961 F.2d 333, 338 (2d Cir. 1992).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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