How do you know the checkpoint you drove thru is within the limits of the constitution?

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Checkpoint cases from Labor Day weekend are coming in. Some are going to Arraignment and are ripe for the 1538.5. Below are some of the guidelines the Ingersroll court have set out to make a checkpoint within the limits of the constitution. Number 8 has been done away with recently in Banks and is only a factor.

First a quick rant. The Ingersroll Court established for a conducting a checkpoint. Unfortunately IMHO, they labeled it as an administrative search. WTH?!?! They put it in the same category as a immigration checkpoint, airport search, or customs checkpoint.

The rationalize this by saying the primary purpose of the checkpoint is to promote public safety and deterring intoxicated persons from driving and furthering an investigative checkpoint.

We all know the true purpose of checkpoint is to arrest people.  We have officers with breathalyzers ready to screen people. People who make u turns are looked at with a little bit suspicion. I say little jokingly because anyone willing to give away a little freedom would rationalize the stop by saying what do you have to hide?

 

(1) Whether the decision to establish the checkpoint, the selection of the site, and the procedures for operation are established by supervisory law enforcement personnel;

(2) Whether motorists are stopped according to a neutral formula; I got a CHP Officer in West Court who wrote on his DS 367 that he randomly pulled over people. Contact me if you want to discuss.

(3) Whether adequate safety precautions are taken, such as proper lighting, warning signs, and signals, and whether clearly identifiable official vehicles and personnel are used;

(4) Whether the location of the checkpoint was determined by a policymaking official, and was reasonable;

(5) Whether the time the checkpoint was conducted and its duration reflect “good judgment” on the part of law enforcement officials;

(6) Whether the checkpoint exhibits sufficient indicia of its official nature (to reassure motorists of the authorized nature of the stop);

(7) Whether the average length and nature of detention is minimized, and

(8) Whether the checkpoint is preceded by publicity.

 

 

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