CJ 3552 Lecture Notes - Lecture 11: Random Checkpoint, Weight-Bearing
29 Aug 2016
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No, it is still a seizure even if it only lasts 30 seconds. Therefore, it is subject to the 4th amendment. In order for the police to detain you, reasonable suspicion or probable cause is required. o. If you aren"t doing anything suspicious but were stopped, did this violate the 4 amendment: delaware v. prouse (1979) Facts: police were stopping cars for spot checks (to make sure people had the proper license and registration) and therefore, did not have reasonable suspicion. Scotus ruled that this practice was not constitutional with the main reason being the balance between intrusions of privacy v. government interests. In this case, these stops don"t do much for public safety and are not worth subjecting vehicles to seizure based on discretion. The court mentioned that roadblock-type stops are acceptable: u. s. v. martinez-fuerte (1976) Facts: border patrol immigration checkpoint on a highway in ca. Every vehicle was stopped (without reasonable suspicion) and the drivers were questioned briefly.
