US DC Circuit Court of Appeals finds DC police checkpoints unconstitutional

[usregimechange]

Background

"The neighborhood safety zone (NSZ) program was created by the Metropolitan Police Department (MPD) in response to the violence that has plagued the Trinidad neighborhood in Northeast Washington, D.C. for many years. ...MPD implemented the program and erected eleven vehicle checkpoints over the course of five days at locations around the perimeter of the NSZ.

...When motorists attempting to gain entry into the NSZ area were stopped at the checkpoint, officers were required to identify themselves to motorists and inquire whether the motorists had “legitimate reasons” for entering the NSZ area. Legitimate reasons for entry fell within one of six defined categories: the motorist was (1) a resident of the NSZ; (2) employed or on a commercial delivery in the NSZ; (3) attending school or taking a child to school or day-care in the NSZ; (4) related to a resident of the NSZ; (5) elderly, disabled or seeking medical attention; and/or (6) attempting to attend a verified organized civic, community, or religious event in the NSZ. If the motorist provided the officer with a legitimate reason for entry, the officer was authorized to request additional information sufficient to verify the motorist’s stated reason for entry into the NSZ area. Officers denied entry to those motorists who did not have a legitimate reason for entry, who could not substantiate their reason for entry, or who refused to provide a legitimate reason for entry."


Conclusion

"It is apparent that appellants’ constitutional rights are violated. It has long been established that the loss of constitutional freedoms, “for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976) (plurality opinion)(citing New York Times Co. v. United States, 403 U.S. 713 (1971)). Granted, the District is not currently imposing an NSZ checkpoint, but it has done so more than once, and the police chief has expressed her intent to continue to use the program until a judge stops her.

In short, we conclude that appellants have established the requisites for the granting of a preliminary injunction. They have made a particularly strong showing of the substantial likelihood of success on the merits and that they would suffer irreparable injury if the injunction is not granted. The district court did not address the other two elements of the preliminary injunction test. Accordingly, we reverse the district court and remand for further proceedings."

http://pacer.cadc.uscourts.gov/common/opinions/200907/08-7127-1195636.pdf


Panel Judges

Sentelle, David Bryan - Nominated by Ronald Reagan on February 2, 1987.
Ginsburg, Douglas Howard - Nominated by Ronald Reagan on September 23, 1986.
Rogers, Judith Ann Wilson - Nominated by William J. Clinton on November 17, 1993.

[derby378]

1. Someone needed to put the DC cops in their place

Good job. Hope it sticks on the inevitable appeal.

[usregimechange]

2. Goes back to the trial judge first but that judge has some fairly clear directions

[KamaAina]

3. Wait a minute. So, for example, "dating a resident of the NSZ" wasn't included?

Jebus. "Your place or mine?" "Uh, yours, I guess, 'cause my neighborhood's under Gestapo lockdown." :eyes:

And did they stop people walking past Checkpoint Charlie, or just cars? Were Metrobuses allowed in?

[usregimechange]

4. That's pretty much it and it sounds like it didn't even work, they caught one person the first day

for having an open container. Not a violent crime.