Update: D.C. Circuit Finds “What’s Your Business, Citizen” Checkpoints Violate Fourth Amendment

Law

Last June we talked about a Washington D.C. police initiative under which cops at at military-style checkpoints would stop drivers entering certain neighborhoods, demand to know their business, and expel them if they could not answer in a satisfactory manner. Via Howard Bashman, who is incidentally made of awesome, I see that the D.C. Circuit ruled today that this practice violates the Fourth Amendment.

Well, duh.

It cannot be gainsaid that citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access.

As near as I can figure out by reading the opinion, the District argued that because the cops weren’t looking for particular criminal behavior, they didn’t need particularized reasonable suspicion to stop cars. That sort of argument takes talent.

(Edit: As Eugene Volokh points out, since the context was an appeal of a preliminary injunction, the Court actually found that the practice was probably a violation, not that it actually was.)

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4 Comments

3 Comments

  1. PatrickKelley  •  Jul 11, 2009 @6:24 am

    As annoying as all that is, comment spam is only the second worse kind of internet advertising. At least with them, you have the option of not clicking on the link, and of deleting the message. But as far as I’m concerned, as bad as that is and can be, it pales in significance in comparison to certain advertisements by allegedly legitimate advertisers that appear on site, and seem designed to force you to look at them, and make it difficult for your computer to move away to another page, or off the site all together. AT&T lately has been running an ad on a variety of sites that seem designed to hold your computer hostage until you have memorized their drivel. Evidently they haven’t caught on that such an advertising strategy might just piss people off.

  2. Ken  •  Jul 11, 2009 @7:12 am

    I think you commented in the wrong thread, Patrick.

  3. PatrickKelley  •  Jul 11, 2009 @2:39 pm

    Wow, that figures, that I would make what might be the best comment I ever made here and put it on the wrong thread.

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