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.”