Memorandum of Law: Search and Seizure
Kevin Whalling, Chief Counsel for the Whalling Law Group, PLLC must appear in court on behalf of his client, Radical Earth, concerning a recent warrantless City of Phoenix police search of Radical Earth members at a DUI checkpoint in Phoenix, AZ.
Radical Earth believes that governments are not taking enough affirmative steps to combat climate change and has occasionally advocated for the overthrow of fascist government and corporate senators. Police believe the group may be involved in an assassination plot to murder members of the World Bank.
Concerned with their radical beliefs, police set up DUI checkpoints near Radical Earth headquarters under the belief they would have the opportunity to stop and search members of the group under the pretext of a DUI checkpoint. On the third night of the DUI checkpoints, members of Radical Earth are stopped at a DUI checkpoint and asked to exit the vehicle where a pat down search occurred, and inventory of their personal effects were taken. No members of Radical Earth were, in fact, intoxicated at the time of the stop and search.
Following the stop at the DUI checkpoint, several members of Radical Earth were charged with criminal conspiracy and attempted murder.
This is a highly politized case with significant charges. Mr. Whalling is weighing different defense options for his clients, one of which is contesting the warrantless search of Radical Earth members at the DUI checkpoint.
Mr. Whalling has asked you to prepare a memorandum of law concerning search and seizure to determine the validity of the search to make a persuasive argument in court. Mr. Whalling needs you to discuss the following elements:
Define the elements of the Search and Seizure Amendment and explain what they mean.
Determine why the founding fathers included a provision in the Bill of Rights pertaining to search and seizure.
Consider DUI checkpoints. Should DUI checkpoints be legal given the provisions of search and seizure as defined by the Bill of Rights? Defend your rationale.
MEMORANDUM
To: Kevin Whalling, Chief Counsel, Whalling Law Group, PLLC From: [Your Name] Date: [Date] Re: Search and Seizure Implications of DUI Checkpoints
- Introduction
- The Fourth Amendment
- Freedom from unreasonable searches and seizures: This protects individuals from arbitrary government intrusion into their lives and property.
- Warrant requirement: Generally, searches conducted by law enforcement must be authorized by a warrant issued by a neutral magistrate based on probable cause.
- DUI Checkpoints and the Fourth Amendment
- Fixed checkpoints: Checkpoints must be operated according to a fixed checkpoint plan, rather than on an ad hoc basis.
- Neutral stops: Vehicles must be stopped on a neutral basis, without targeting specific individuals.
- Brief encounters: The duration of the stop must be brief and limited to determining whether the driver is impaired.
- Officer training: Officers must be trained to quickly identify signs of impairment.
- Application to the Case
- Was the DUI checkpoint conducted lawfully? Did it comply with the guidelines established in Sitz? Were there indications of targeting Radical Earth members?
- Did the search exceed the scope of a lawful DUI stop? The pat-down search and inventory of personal effects may have gone beyond the permissible limits of a DUI checkpoint.
- Was there reasonable suspicion or probable cause to justify the expanded search? If not, the search may be deemed unlawful.
- Conclusion