Court: DC Checkpoints Unconstitutional

[paulsby]

not surprising that the same jurisdiction that brought us Heller (and grossly unconstitutional restrictions on 2nd amendment rights) is doing the same thing (violating people's rights) in other areas, in this case - 4th amendment violations.


http://legaltimes.typepad.com/blt/2009/07/court-dc-police-checkpoints-unconstitutional.html

A federal appeals court today unanimously ruled in favor of a group of D.C. residents who are challenging vehicle checkpoints used by the Metropolitan Police Department.

The four plaintiffs, represented by Mara Verheyden-Hilliard of the Partnership for Civil Justice, sued the city, claiming the police "neighborhood safety zone" program is unconstitutional. The temporary vehicle checkpoints were initiated last year and set up in response to violence in the Trinidad neighborhood in Northeast Washington.

Police barred 48 motorists—including the four plaintiffs—from entry into the neighborhood in June 2008 when the motorists failed to provide sufficient information about where the motorist was going. A district court judge in D.C. rejected a motion for a preliminary injunction against the city.

A three-judge panel in the U.S. Court of Appeals for the D.C. Circuit today ruled that case should be heard in the trial court with additional proceedings.

Chief Judge David Sentelle, who wrote the opinion for the appeals court, was joined by Judges Douglas Ginsburg and Judith Rogers. The court found the plaintiffs meet the requisites for the granting of a preliminary injunction. "It is apparent that appellants' constitutional rights are violated," Sentelle wrote.

[Ikonoklast]

1. The day a private citizen has to tell police where they are going

without any probable cause for being stopped, or that the person is engaged in an illegal act of any kind is the day we have lost all freedom.

"Papers, please...your pass is not in order, return to your neighborhood immediately"

[Selatius]

4. That day is coming. Technology makes it easier and easier to simply follow people.

Instead of restricting movement to keep better control over people.

[Ikonoklast]

7. It galls me to read articles about police checkpoints.

As an operator of a commercial vehicle, I have little or no right to refuse any law enforcement officer an answer to any question he deems appropriate, can be stopped at any time for any reason, or no reason, and have very limited rights in refusing a search of my vehicle.

It gets really bad when I'm near the Mexican border, I think Border Patrol cops think all truckers are smugglers.

[imdjh]

2. Good for that guy. I watched his You Tube video- the cops were OUTRAGEOUS. nt

[imdjh]

3. Here's a vid

I don't know how to make the you tube window show up. Here's the link.

http://www.youtube.com/watch?v=K4NXLBOK7RU&videos=7mYQdQJqBRk&playnext_from=TL&playnext=1

[Marx is my homeboy]

5. That neighborhood is heavily black.

Looks like they're taking the tricks they learned in NOLA after Katrina.

[MicaelS]

6. Public Officials in DC are clowns

What makes its worse is the people in DC keep re-electing the same circus. And then they wonder why the rest of the US doesn't want to give them statehood, and the political power that goes with it.