Monday, March 16, 2020

Traffic Control Checkpoint Doesn’t Violate Fourth Amendment


US v. Moore: Moore was driving in “the early morning hours” in Columbus County, North Carolina when he came upon a checkpoint operated by the local sheriff’s department. The goal of the checkpoint was to ensure compliance with state vehicle regulations and required every vehicle to be stopped. Aside from traffic violations, officers “were permitted to detain motorists . . . only if the deputy became aware of other facts suggesting criminal activity.” Officers observed what appeared to be bullet holes on Moore’s car and, when it was stopped, “immediately noticed the odor of marijuana and saw smoke emitting from the passenger area.” Moore eventually consented to a search of his car, which uncovered drugs, guns, and ammunition.  Moore unsuccessfully sought to suppress that evidence and pleaded guilty to possession of crack with intent to distribute it.

On appeal, the Fourth Circuit affirmed Moore’s conviction. The only issue Moore raised was that “the initial stop of his vehicle . . . was unconstitutional.” The court disagreed, first holding that the checkpoint had a “valid primary purpose,” that is, traffic enforcement and was not motivated by a “general interest in crime control.” Second, the court held that the checkpoint was  reasonable because it furthered that valid purpose and was minimally intrusive. That the department lacked a written policy for the checkpoint didn’t matter. However, the court did emphasize “the limits of our holding,” because there “are no indications in the record of roving vehicular spot checks” in which case “courts would bring the leash up short.”

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