"Crime checkpoints in Washington ruled unconstitutional.
A federal appeals court ruled yesterday that checkpoints set up by District police in neighborhoods beset by violence are unconstitutional, effectively ending a crime-fighting tactic that officials say was used in only the most dire circumstances to protect residents.
In a strongly worded opinion, the U.S. Court of Appeals for the D.C. Circuit condemned the roadblocks, which police used last summer in the city's Trinidad neighborhood in Northeast Washington. The checkpoints, which have not been used in about a year, were a response to a spate of shootings, including a triple homicide.
"It cannot be said that citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access," Chief Judge David B. Sentelle wrote for a three-judge panel. "It is apparent that appellants' constitutional rights are violated."
Mara Verheyden-Hilliard, an attorney for the Partnership for Civil Justice, which sued the District on behalf of four residents, hailed the ruling as a victory for law-abiding drivers who were questioned at checkpoints. In an effort to quell a series of shootings, drivers were forced to stop at roadblocks and were asked whether they had a "legitimate" reason to be there. Some were denied passage. "We have always asserted that this program was blatantly unconstitutional, and the mayor and the attorney general should not be running roughshod over the basic fundamental rights of the citizens of the District," Verheyden-Hilliard said.
Link: http://www.washingtonpost.com/wp-dyn/content/article/2009/07/10/AR2009071002750.html?hpid=moreheadlines