You can set up checkpoints as per Federal law (though your state may vary--some states have provisions against it, in which case your recourse is to state, not Federal law). However, these checkpoints must be indiscriminate: they have to stop everybody that passes them while they're active.
A cop cannot just pull a single car over to see what's going on. He has to have reason.
The stop in question here was clearly unconstitutional, as the appellate court held in their decision for the defendant. Other non-DUI style checkpoint stops without reasonable suspicion of a crime would similarly be unconstitutional.
Is there some way to seek damages for the violation of your constitutional rights?
Sure "just" sue them.What I'm asking is, if you hadn't suffered such injustices, and had just been pulled over and let go without a fine or charges, would you still have grounds to sue the city simply over the violation of your constitutional rights? (that is, just for the unlawful seizure under the 4th amendment) How much damages would be appropriate in such a situation?
The fact that this city was collecting 61% of their annual revenue through regular police stops (many of which seem to be unconstitutional) is alarming. There has to be a better solution than to just appeal or sue for compensatory damages, which in most cases, will have little to no affect on the city. Even the $30K damages in this case seems small compared to the more than $1 million they collected in 2006 alone.
It seems like they should be subject to substantial fines, if not jail time for the officers or judges that are involved in these stops and cases. It just seems wrong that a city can arrest and jail someone for almost a month for not paying a $1,580 fine, but no one in the city government gets jail time for violating the constitutional rights of thousands of citizens, while making millions from their disregard of the law.
This. The 4th amendment protects against seizure (which a police stop constitutes) without reasonable suspicion of a crime. The problem is, unless you are fined, as the woman was in this case, and then appeal, what recourse do you have?
Is there some way to seek damages for the violation of your constitutional rights? (even if the inconvenience is minor) It seems like this problem would go away if the police department and city had to pay for their violations of the constitution instead of just forfeiting potential money from fines.