Are roadblocks an exception to the 4th amendment?
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Uploader Comments (CMHartHayslett)
All Comments (4)
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thanks for posting this video. How about the cropping of DH$ roadblocks being set up within 100 miles away from the Mexican border (NOT on the border) with drug-sniffing DOGS? what is the legality of those, and could you please specify what a person's rights are in this situation. Do we have to say if we're a US citizen or can we just ask if we're free to go until they let us go?
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"... combat crime" is misleading. Roadblocks may be established only to check for CERTAIN crimes—ones where the brief detention balances the government's needs. Roadblocks to check for general crime are prohibited.
Furthermore, legal roadblocks are not an EXCEPTION to the Fourth Amendment. Those roadblocks are considered "reasonable", and hence consistent with the Fourth Amendment.
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What is the definition of brief detention??
10 minutes? An hour?
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Courts have ruled that over 45 minutes is too long. I would say that 10 mins is ok but after 30 mins seems excessive
CMHartHayslett 5 months ago