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Criminal Law

: Fourth Amendment

MS: Roadblock to stop parolee suspected of wrongdoing was valid

By John Wesley Hall, Jr.

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Roadblock to stop a parolee apparently eluding the police was valid because of the parolee's lesser expectation of privacy and general lack of freedom. Barlow v. State, 2008 Miss. App. LEXIS 471 (August 12, 2008): P16. Barlow contends that the drugs that were seized during the traffic stop and those that were seized from the Beard Road residence are fruits of an unlawful search and seizure that should not have been admitted into evidence. Barlow argues that the officers did not have reasonable suspicion or probable cause to make the warrantless stop, and that the roadblock was violative of the Fourth Amendment because it was pretextual, as it was set up solely to apprehend him. Barlow cites Indianapolis v. Edmond, 531 U.S. 32, 44 (2000) for the proposition that roadblocks that are set up solely to trap drug offenders have been found to violate the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on August 18, 2008 (boomark / email).

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