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W.D.N.C.: DL roadblock valid

By John Wesley Hall, Jr.

DL roadblock was valid. Defendant's license having been revoked, he was subject arrest. United States v. Nixon, 2008 U.S. Dist. LEXIS 105889 (W.D. N.C. December 18, 2008): Although Nixon does not challenge the validity of the initial stop, this Court notes as a preliminary matter that the driver's license checkpoint was permissible. Vehicle checkpoints are permissible where all drivers on a certain road are stopped as they pass, or where all cars at specific intervals (e.g., every fifth car) are stopped, so long as the intrusion on the drivers' privacy and time is minimal, the procedure is uniform, and the stop satisfies a purpose other than normal law enforcement. See City of Indianapolis v. Edmond, 531 U.S. 32, 37-38 (2000); Michigan Dept...continue to full post

Full post as published by Fourth Amendment on January 08, 2009 (boomark / email).