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E.D.N.C.: DL checkpoint was valid

By John Wesley Hall, Jr.

Driver’s license checkpoint was valid and not just for “general crime control.” A gun was seen in plain view, and a further search produced drugs. United States v. Waterman, 2010 U.S. Dist. LEXIS 122673 (E.D. N.C. September 21, 2010)*: Here, a balancing of these three factors clearly weighs in favor of the Government. Regarding the first factor, drivers who are unlicensed or uninsured are in violation of the law and may present a danger to the community. This is certainly a matter of significant public concern. Regarding the second factor, checkpoints such as the one the GPD set up on May 9, 2009 serve both to find and punish such drivers as well as discourage would-be unlawful drivers from driving in the first place. This is not only a sufficient but a substantial advancement of the public's interest in safer roads and drivers...continue to full post

Full post as published by Fourth Amendment on November 21, 2010 (boomark / email).