Trinidad Checkpoints Ruled Unconstitutional

The U.S. Court of Appeals for the D.C. Circuit has ruled that last summer's controversial "Neighborhood Safety Zone" checkpoints in the Trinidad neighborhood were likely unconstitutional, sending the case back to the U.S. District Court for trial.

"It is apparent that appellants' constitutional rights are violated," wrote Chief Judge David Bryan Sentelle in the decision. You can download a PDF copy of the full decision, issued Friday by the three-judge panel.

The NSZ program, established by the Metropolitan Police Department in response to a surge of drive-by shootings and other violence in the Northeast D.C. neighborhood, placed vehicle checkpoints for five days in June and then again for ten days in July at locations around the perimeter of Trinidad. Only people who could provide proof of residence or other official business in the neighborhood were allowed to pass through the checkpoints.

In October, U.S. District Court Judge Richard J. Leon upheld the checkpoints, but this decision overrules that finding.

At-large D.C. Council member Phil Mendelson was quick to issue a statement:

“I am pleased with the U.S. Court of Appeals decision reversing a lower court’s approval of the controversial roadblocks. It is unfortunate that the District’s Attorney General was so wrong to insist that the roadblocks were constitutional. However, today’s decision is no surprise given that the DC Court of Appeals came to the same conclusion regarding roadblocks - ironically, also in Trinidad - in 1991.

“All of us want to reduce crime - there is too much of it despite the recent drop in numbers. But the District government should pursue strategies that are proven to work. Roadblocks sound good - they’re a “get tough” approach - but they are controversial and often illegal. There are much more effective strategies, as Police Chief Cathy Lanier has shown, that have the community’s support and reduce crime.

Today’s decision is a triumph over rhetoric.”


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Comments (11) [rss]

Good decision: this ain't Baghdad, even if the level of violence makes it seem like it is. Lanier and her fine troop of professionals will have to put their thinking caps on and devise other tactics.

AH, so a D.C. action is ruled unconstitutional. Where, prithee, is Martin? I am expecting a grandiose explanation in defense of these measures...

Seriously. Can anyone name ONE time that "Pennies" (thanks Fake Fenty) was right on the "I can defend it in court" claim?

Heller: Wrong
Gun laws: Wrong
Check points: Wrong

I am really sick of this "Toss it up against the wall and see what sticks" form of governing.

Dread,

I'm happy with this decision. Not only were the roadblocks unconstitutional in my opinion, they were also totally foolish.

As for the city's new gun laws, they haven't yet been ruled on, so the jury is still out on whether they are constitutional or not.

Umm, don't you think Nickles' decision to change them was a good indicator?

Seriously Martin, you need to take a side on this. You've read the laws. You think requiring someone to drive to Maryland to learn how to shoot a pistol in order to buy a shotgun will not get knocked down? And you still haven't answered my question about the folding stocks.

user-pic

"Washington D.C.: We just house the Constitution, not follow it".

Mendo did issue the statement in person because he could not hide the huge erection he got when he heard the news.

If Mendo's erection lasts longer than four hours, he should consult a doctor immediately (or see Chief Lanier).

Funny to see a bunch of upper crust white people defend the constitutional rights of Trinidad residents - especially since none of you have ever been there. I would love to see some of you dropped in there at 2 a.m. on a Friday night and see how uncomfortable you become.

Not sure I see your point here.
I'm pretty sure that the Constitution isn't supposed to be limited to areas where "upper crust white people" have been and/or feel comfortable.

Civil rights are not a race or class issue. What if the Police Department decided to cut off Georgetown, demanding to see the papers of anyone attempting to enter the neighborhood, and asking what business they have there? Even if they justified it as a crime control measure, it would be just as unconstitutional.

But that aside, the roadblocks didn't work. They sucked up a huge amount of police resources and merely delayed the killings.

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