05 May 2003

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I think it is well-settled precedent that police cannot set up checkpoints to randomly check for criminal activity. But now the State of Illinois wants to be allowed to set up checkpoints to randomly investigate and/or announce a single criminal activity.

This doesn't appear to be police shutting down roads immediately after a bank robbery or such so that the criminals cannot escape the area: "officers were passing out leaflets seeking information about a fatal hit-and-run."

I predict that a checkpoint to randomly hand out leaflets probably won't stand up to constitutional analysis; as the Illinois Supreme Court said "police [can]not stop drivers at random every time they need[] tips about a crime."

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