CHECKPOINT VEHICLE STOPS – New York Appellate Digest https://www.newyorkappellatedigest.com Sun, 06 Dec 2020 01:15:16 +0000 en-US hourly 1 https://wordpress.org/?v=7.1.1 https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/Favicon-Blue-01-36x36.png CHECKPOINT VEHICLE STOPS – New York Appellate Digest https://www.newyorkappellatedigest.com 32 32 171315692 Checkpoint Vehicle Stop Illegal https://www.newyorkappellatedigest.com/2013/10/03/checkpoint-vehicle-stop-illegal/ Thu, 03 Oct 2013 23:58:15 +0000 http://newyorkappellatedigest.com/?p=21419 The First Department determined a vehicle checkpoint stop to control automobile thefts was unconstitutional:

The suspicionless vehicle checkpoint stop that led to the recovery of contraband in this case was constitutionally impermissible because the primary purpose of the checkpoint was “essentially to serve the governmental interest in general crime control” … . It is undisputed that the primary purpose of the checkpoint was to deter or control auto theft. Contrary to the People’s assertions, the interest in “controlling automobile thefts,” as described in this case, “is not distinguishable from the general interest in crime control” … . Under the applicable precedents, a secondary goal of promoting highway safety does not justify a checkpoint stop. People v Velez. 2013 NY Slip Op 06437, 1st Dept, 10-3-13

STREET STOPS, SUPPRESSION, SEARCH AND SEIZURE

]]> 21419