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Criminal Law

: Fourth Amendment

E.D. Va.: Stop of a car on a road at the edge of an otherwise closed military base justified by the closed nature of the whole base

By John Wesley Hall, Jr.

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Defendant's stop on a road on the edge of Quantico Marine Base was justified because Quantico is a closed military base as a whole, even though this particular road would seem not to be. United States v. Guajardo, 2009 U.S. Dist. LEXIS 11410 (E.D. Va. February 17, 2009)*: In an unpublished opinion, the Fourth Circuit specifically found Quantico to be a closed military base. United States v. Tate, 129 F.3d 118, 1997 WL 693049, *1 (4th Cir. Oct. 29, 1997)("The question we must decide in this appeal is whether MCB Quantico is a closed military base. We find that it is.") In the decision, the Court noted several factors indicating that Quantico is a closed installation. For example, the base houses a helicopter squadron that provides support for the President of the United States, and also serves as headquarters for the Marine Corps' Systems Command...continue to full post

Full post as published by Fourth Amendment on February 19, 2009 (boomark / email).

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