SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Checkpoint to “thwart an imminent terrorist attack or to
catch a dangerous criminal who is likely to flee by way of
a particular route.” (see below; City of Indianapolis v.
Edmond, infra.)
Checkpoints set up for the purpose of collecting
information from the public concerning a prior criminal act
(i.e., a fatal “hit and run” in this case), when set up at the
location of the prior criminal act, and exactly one week
after it occurred. Such a roadblock was differentiated from
the attempt to discovery “ordinary criminal wrongdoing,”
as condemned in Indianapolis v. Edmond, infra. (Illinois
v. Lidster (2004) 540 U.S. 419 [157 L.Ed.2 nd 843].)
An “information station” set up to provide park visitors
with information concerning the rules of the park and be
given a litter bag, where every vehicle was stopped.
(United States v. Faulkner (9 th Cir. 2006) 450 F.3 rd 466.)
A checkpoint set up for the purpose of preventing illegal
hunting in a national park, justified by a legitimate concern
for preservation of park wildlife, when confined to the park
gate where visitors would expect to briefly stop anyway.
(United States v. Fraire (9 th Cir. 2009) 575 F.3 rd 929.)
Checkpoints may also have a dual-purpose, such as the
interdiction of drugs (but see below) and enforcement of driver’s
license and registration laws. (Merrett v. Moore (11 th Cir. 1995)
58 F.3 rd 1547.)
Checkpoints may be attended by more than one law enforcement
agency, despite the different interests involved. (United States v.
Barajas-Chavez (10 th Cir. 1999) 162 F.3 rd 1285, New Mexico DUI
checkpoint with Border Patrol present in case the police discovered
illegal aliens; United States v. Galindo-Gonzales (10 th Cir. 1998)
142 F.3 rd 1217, aliens found at state driver’s license and vehicle
registration roadblock.)
V.C. § 2814.1: A County Board of Supervisors to
authorized by statute to establish a combined vehicleinspection
and sobriety-checkpoint program, to check for
violations of V.C. §§ 27153 and 27153.5 (exhaust and
excessive smoke violations), V.C. § 23140 (person under
the age of 21 driving with a blood-alcohol level of 0.05%
© 2011 Robert C. Phillips. All rights reserved
67