10.15.2009

If you are stopped at a checkpoint

NOTICE TO CHECKPOINT AGENTS

For both of our safety, and to discourage criminal abuse of authority, a video recording of this stop is being made.

UNITED STATES V. MARTINEZ-FUERTE, 428 U. S. 543 (1976)
IN THE SUPREME COURT OF THE UNITED STATES

Page 428 U. S. 566
In summary, we hold that stops for brief questioning routinely conducted at permanent checkpoints are consistent with the Fourth Amendment, and need not be authorized by warrant. [Footnote 19] The principal protection of Fourth

• I have stopped as required.
• My attorney has advised me never to speak to law enforcement personnel under any
circumstances.
• I hereby assert and exercise my constitutionally-protected Right to remain silent.
• I WANT TO GO ON MY WAY IMMEDIATELY. PLEASE ADVISE ME AS SOON AS I AM
FREE TO LEAVE.

Page 428 U. S. 567
Amendment rights at checkpoints lies in appropriate limitations on the scope of the stop. See Terry v. Ohio, 392 U.S. at 392 U. S. 24-27; United States v. Brignoni-Ponce, 422 U.S. at 422 U. S. 881-882. We have held that checkpoint searches are constitutional only if justified by consent or probable cause to search. United States v. Ortiz, 422 U. S. 891 (1975).

• Probable Cause or Consent is required to conduct a search.
• Since this is a suspicion-less checkpoint, you do not have Probable Cause to search.
• I DO NOT CONSENT TO ANY SEARCHES.

And our holding today is limited to the type of stops described in this opinion. "[A]ny further detention . . . must be based on consent or probable cause."
United States v. Brignoni-Ponce, supra at 422 U. S. 882.

etc.
see the whole thing here (pdf), print it out and keep it in your car!

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