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Criminal Law

: Fourth Amendment

CADC: General crime control neighborhood roadblocks unconstitutional under Edmond

By John Wesley Hall, Jr.

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The D.C. District Court erred in not granting a preliminary injunction against neighborhood general crime control roadblocks. This is not the first time the D.C. Cir. has held Mills v. District of Columbia, 2009 U.S. App. LEXIS 15324 (D.C. Cir. July 10, 2009): Refining the argument slightly, the District contends that the Supreme Court's category of stops serving "the general interest in crime control" extends only to seizures actually looking for evidence of crime as opposed to seizures designed to deter crime. That argument is unconvincing. Nothing in Edmond limited "the general interest in crime control" to only those instances where a law enforcement officer was seeking evidence of a crime. In Edmond, the Court recognized that a general rule exists that "a seizure must be accompanied by some measure of individualized suspicion," [Edmond,] 531 U...continue to full post

Full post as published by Fourth Amendment on July 13, 2009 (boomark / email).

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