Checkpoint Seizures

Question 1

Pre-Edmond

Answer 1

• Court will balance gov & privacy interests (public interest, practicality, nature of intrusion) when determining if a checkpoint is permissible. Martinez-Fuerte (1976). Gov purpose in NATIONAL SECURITY is strong and (checkpoint at Mexican border) and the intrusion is MINIMAL
• Stops that do not adequately restrict police discretion, like randomized stops to review driver’s licenses and registrations, are problematic. Prouse (1979) (although ensuring safety of roads by checking authorization to drive was sufficient public interest).
• DUI checkpoints that involved stopping ALL cars, due to a serious drunken driving problem and the government’s interest in stopping it, were permissible. Mich. Dep’t. of State Police v. Sitz (1990

Question 2

Indianapolis v. Edwards

Answer 2

Car checkpoints to interdict unlawful drugs - put up 6 blocks in one year stopping over 1,000 cars, arresting 104 drivers. 55 arrests for drug related crimes, 49 for other offenses. Checkpoint spots based on high crime and traffic flow. Respondents were stopped and filed a class action claiming these checkpoints violated the 4th amend.

when cops pursue primarily general crime control purposes at check pts (here), stops can only be justified by some quantum of individualized suspicion.

Cannot just be for ordinary criminal wrongdoing.
Primary purpose here was to find general criminal activity - the promotion of public safety was only a secondary purpose, therefore INVALID  cannot use roadside stops to fight ordinary crime!

Question 3

Justifying Suspicion-less checkpoints- The Balancing Approach

Answer 3

Justifying Suspicion-less checkpoints - The Balancing Approach:
- Serious public interest
o Martinez-fuerte – border security
o Sitz, Prouse – roadway safety
o Imminent emergency (terrorism or dangerous and on the run)
- Is the primary purpose of that checkpoint pursuit of that interest (not detection of ordinary wrongdoings). Edmond.
- Is the procedure programmic (not subject to abuse of discretion)? Prouse.
- Is the procedure crucial to pursuit of the interest (practical and effective)
- Is the privacy intrusion minimal (brief, temp, nonevasive)