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D.Kan.: A ruse checkpoint is not governed by checkpoint law

By John Wesley Hall, Jr.

When a ruse checkpoint is involved, the checkpoint case law does not apply. The defendant avoided the checkpoint—he wasn’t stopped at it, and reasonable suspicion developed from that. United States v. Carr, 2010 U.S. Dist. LEXIS 33578 (D. Kan. April 5, 2010).* A hearing was not required on defendant’s claim that his search incident violated Gant because, even assuming that his version of the facts are true, the search incident was valid. United States v. Mompremier, 2010 U.S. Dist. LEXIS 33793 (S.D. N.Y. April 5, 2010).* Defendant’s border search at Calexico was valid, and his complaints about the drug dog are essentially harmless and meaningless. United States v. Calderon-Quinonez, 2010 U.S. App. LEXIS 7101 (9th Cir...continue to full post

Full post as published by Fourth Amendment on April 08, 2010 (boomark / email).