Drug transport checkpoints = unconstitutional b/c Edmond – checkpoints for primarily law enforcement purposes = ok only if exigent circumstances (5C) Suspicionless checkpoints at open military installations Green – = ok b/c unique & similar to borders (DCC) Ok to use checkpoint in response to community Davis – complaints of drug dealers’ traffic violations b/c primary purpose = remedying traffic problems Cops set up checkpoint on highway 1 weeks after hit-&-run Lidster – in same spot to ask for assistance; Caught D driving drunk Ok b/c not ordinary law enforcement, strong public interest, minimal interference w/ 4A liberty Inventory: Generally must be done pursuant to a departmental policy, to minimize discretion 3 state interests for inventory: (1) Protection from false prop claims, (2) Protection of owner’s prop rights, (3) Protection of all from dangerous items Must meet at least one of these interests to be permissible Ok to search cop’s car after towing to look for service revolver Cady – b/c caretaker” function “community Ok to search impounded car b/c protects valuables Opperman – Extensive search through car ok pursuant to local police regulations Strong state interests v. minor privacy interests at stake Powell: Warrant unnecessary for departmental regulations b/c no discretion, arbitrariness, facts to evaluate Marshall: Special needs can’t justify warrantless, suspicion-less inventory searches Ok to search arrestee’s bag & no need to use intrusive Lafayette – alternative Maybe invalid if arrestee not going to be incarcerated Ok to inventory closed containers w/in car & no need to use Bertine – intrusive means least Police discretion is ok as long as limited by uniform standards & based on more than suspicion of crim activity Can’t open locked suitcase if no policy re: opening closed – containers b/c too much discretion, though can allow discretion some re: opening containers Brennan: Can’t allow individual cops any discretion to determine whether to open container Borders: Ok to open envelopes sent from US to Thailand as part of Ramsey – heroin-by-mail investigation Border searches have been since pre-4A, & never “reasonable” an add’l PC req
Edmond – Drug transport checkpoints = unconstitutional b/c checkpoints for primarily law enforcement purposes = ok only if exigent circumstances Green (5C) – Suspicionless checkpoints at open military installations = ok b/c unique & similar to borders Davis (DCC) – Ok to use checkpoint in response to community complaints of drug dealers’ traffic violations b/c primary purpose = remedying traffic problems Lidster – Cops set up checkpoint on highway 1 weeks after hit-&-run in same spot to ask for assistance; Caught D driving drunk Ok b/c not ordinary law enforcement, strong public interest, minimal interference w/ 4A liberty Inventory: Generally must be done pursuant to a departmental policy, to minimize discretion 3 state interests for inventory: (1) Protection from false prop claims, (2) Protection of owner’s prop rights, (3) Protection of all from dangerous items Must meet at least one of these interests to be permissible Cady – Ok to search cop’s car after towing to look for service revolver b/c “community caretaker” function Opperman – Ok to search impounded car b/c protects valuables Extensive search through car ok pursuant to local police regulations Strong state interests v. minor privacy interests at stake Powell: Warrant unnecessary for departmental regulations b/c no discretion, arbitrariness, facts to evaluate Marshall: Special needs can’t justify warrantless, suspicion-less inventory searches Lafayette – Ok to search arrestee’s bag & no need to use intrusive alternative Maybe invalid if arrestee not going to be incarcerated Bertine – Ok to inventory closed containers w/in car & no need to use least intrusive means Police discretion is ok as long as limited by uniform standards & based on more than suspicion of crim activity – Can’t open locked suitcase if no policy re: opening closed containers b/c too much discretion, though can allow some discretion re: opening containers Brennan: Can’t allow individual cops any discretion to determine whether to open container Borders: Ramsey – Ok to open envelopes sent from US to Thailand as part of heroin-by-mail investigation Border searches have been “reasonable” since pre-4A, & never an add’l PC req
Criminal%20Procedure%20-%20Cheh%20-%20Fall%202011.docx