Legality of DC Police State Checkpoint

Orin Kerr opines on the legality of it here, and here.   Short answer: it ain’t.

One Response to “Legality of DC Police State Checkpoint”

  1. Boyd says:

    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?