Legality of DC Police State Checkpoint
Orin Kerr opines on the legality of it here, and here. Short answer: it ain’t.
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Jun 6, 2008
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I read Orin’s opinion as it’s probably not legal. Playing the devil’s advocate here, the road blocks’ constitutionality is debatable, so not using them before ithey’re ruled unconstitutional is giving up a tool before you know you can’t use it. Who’s to say that a judge or appellate court would interpret the case law the same way Orin does?