Not Going to Fly

SayUncle links to a piece on the Genessee County, Michigan Sheriff using narcotics stops. This is a practice that has already been thrown out by the Supreme Court, and as such it is well-established precedent for the purposes of overcoming qualified immunity. So you could probably reach the Sheriff personally in a 1983 suit. I’m also fairly certain anyone caught in these roadblocks can get all the evidence against them tossed as fruit of the poisonous tree. So there is recourse here if you want to nail these guys personally. Though, I’m not sure how much you’ll recover if you were just stopped. Someone who had to hire a lawyer to fight charges that were a result of evidence obtained from the illegal stop might have a decent case though.

One Response to “Not Going to Fly”

  1. Interesting. Word is that the DHS/TSA’s current actions in Tennessee regarding checkpoints on the highways appear to be random; I wonder if City of Indianapolis v. Edmond can be used to render their actions illegal.