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Posted at 02:36 PM ET, 08/10/2009

City Requests Rehearing On Checkpoints Ruling

The District is asking a federal court to rehear its ruling that the controversial checkpoints in the Trinidad neighborhood were unconstitutional.

Attorney General Peter J. Nickles is leading city lawyers in asking the court to reconsider the ruling, calling it "overbroad."

Here's what Nickles said in the request: "The panel decision holds that the Fourth Amendment prohibits law enforcement authorities in the District from ever stopping drivers at checkpoints in order to deter crime. Even assuming that general deterrence interests are insufficient to justify a suspicionless stop, the Court should hold that a properly tailored checkpoint may be reasonable, and hence constitutional, in at least some circumstances when federal or District authorities act in response to specific, credible threats of imminent violence."

Read the full request (pdf).

By Nikita R Stewart  |  02:36 PM ET, 08/10/2009

Categories:  Nikita Stewart

 
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