D.C. Police Neighborhood Checkpoints Challenged on Appeal

A civil rights lawyer arguing against a D.C. anti-crime measure in which police barricade neighborhoods and stop drivers seemed to find a receptive audience today at the U.S. Court of Appeals for the D.C. Circuit.

Mara Verheyden-Hilliard, co-founder of the Partnership for Civil Justice Legal Defense & Education Fund, argued on behalf of D.C. residents who are challenging a police program called Neighborhood Safety Zones. U.S. District Judge Richard Leon in October denied a preliminary injunction against the city, setting up the appeal.

Lawyers for the city say the zones, which were used last summer, are designed to prevent and deter criminal activity. Police stop and question drivers, asking for identification and travel plans. Officers are instructed to get phone numbers in order to verify information provided by the driver or passengers. Police say a Neighborhood Safety Zone can be set up for 10 days in response to a spike in crime.

Critics of the program argue police do not have authority to stop drivers when there is no suspicion of illegal activity. “The irreparable harm is the deprivation of their fundamental constitutional rights,” Verheyden-Hilliard told today’s panel of Chief Judge David Sentelle and Judges Douglas Ginsburg and Judith Rogers.

Sentelle at one point asked Todd Kim, the lawyer from the D.C. Office of the Attorney General, whether he thought he could really win on the merits of the case. “There’s no question it’s an extraordinary program. Tell me how [the police] can constitutionally do this,” Sentelle said. And Ginsburg explored the extent to which police are invading a person’s private life by requiring the person to provide a phone number of a person who can verify plans.

Kim said during argument, “Remember, the ultimate touchstone of the 4th Amendment is reasonableness.” He argued the plaintiffs have not shown how they’ve been harmed by the program. The D.C. Circuit did not rule immediately on the preliminary injunction.

Comments

[Ano Nymous]

It is clear that anyone who believes that these checkpoints are constitutional, permissible, or reasonable under Fourth Amendment jurisprudence probably has about as much understanding of the law as a public high school student.

One week in a law school's Criminal Procedure or Constitutional Law class would show you the inexcusable errors of this "crime-fighting method."

I don't fault people for not knowing, but I'm glad there is a class of people who are learning enough about our nation's laws to spot violations of them in police practice. I'm not really sure what many of you would do without us!

[Edward Kimel]

I remember Winston Churchill saying, with regard to government secrecy in wartime, saying "The truth is so important that it must be accompanied by a bodyguard of lies." Those of you who blame Mr. Bush and Mr. Cheney on their actions and decisions during Mr. Bush's time in office, need to get your heads out into the open air, instead of being shoved up your backside. When dealing with an enemy as all pervasive as Al Queda, you can't have sympathizers in your own government, passing information to the enemy. We were, and still are, in a war with the terrorists.

With regard to the police stopping passing motorists, it could have been that the police were/are acting on a reliable source so as to believe that terrorists, gun runners, or criminals of any ilk are in the area for any kind of nefarious reason. It could be that the police intelligence divisions had received tips about suspicious characters/activities. This sort of thing comes under the heading of crime prevention. So give them some type of credit for trying to do their job.

[Shawn]

The plaintiffs are not required to show "how they have been harmed". Rather, the defendants need to prove whether this program (and the tactics used by the program) are legal according to the U.S. Constitution. They should not be allowed to spit on the Constitution like that.

[Steve Candelario]

If an Officer has no Probable Cause to stop you. Then you are within your rights to go on your way without further question. Providing a phone number is unheard of. I would tell the Officer none of his business and let's see if it would stand up in court, that I did not provide a phone number. Again, what is the Probable Cause. Nothing. Therefore, no crime has been committed. Let's try this on every street where a Judge lives on and we would see this disappear real quick.

[IzzyBame]

I agree with the police officer who was speaking about city of Indianapolis v. Edmond, however in that case the supreme court said ordinary criminal activity. From what I read, there could be a line drawn suggesting that these barricades are in response to other than normal criminal activity. I don't agree with the police either buy I,m just playing devils advocate. This seems as close to martial law as I've ever seen in my life.

[Alan Davidofsky]

I have been a police officer for 25 years and am entering my 3rd year of law school, and I am pretty sure that this issue has already been decided in City of Indianapolis v. Edmond, 531 U.S. 32 (2000). The Supreme Court held that "we have never approved a checkpoint program whose primary purpose was to detect evidence of ordinary criminal wrongdoing" and "Because the primary purpose of the Indianapolis checkpoint program is ultimately indistinguishable from the general interest in crime control, the checkpoints violate the Fourt Amendment". Seems like a no-brainer to me.

[Phil Miles]

This is embarassingly police state. I was happy to see Ginsburg's name. Having had him for class I'm pretty sure he won't put up with the egregious violation of the 4th am.

[Christopher J Hoffman]

They only get away with this crap in ghettos. This is egregious law enforcement behavior that cannot stand.

"Excuse me, officer, let me get this straight, you have no probable cause and no reasonable suspicion of any that I have committed any specific crime? Then I am free to go , right? "

[Thomas Carroll]

Every person needs to tell the Gestapo to "Blank Themselves", when detained. If this type of crap can be set up there, then the sky is the limit. Shut these Nazis down, Now! If I had not lived through Bush/Cheney I would not even believe it!