Warren challenged NYPD’s checkpoint policy in a 2016 federal lawsuit that is coming close to a decision in late 2019 or early 2020.

NYPD officers conducted a checkpoint in the Washington Heights section of Manhattan. They stopped the clients, arresting the driver for DWI and his wife for interfering.

The driver registered a 0.03 on the station breath test – he was innocent. His wife was innocent too – the police could not get their stories straight about her supposed interference.

But most important, they should not have been stopped at all. NYPD checkpoint policy is unconstitutional, and the way these officers conducted this checkpoint didn’t even comply with policy.

Warren discusses NYPD checkpoint policy in depth in this video:

As of this writing (mid-October 2019) the case is awaiting the result of summary judgment motions. Oral argument is scheduled for mid-December and then we will hopefully have a decision soon after that.

Below are the “memoranda.”

Our (Plaintiffs) Motion

Plaintiffs’ Memorandum of Law

City’s Opposition Memo

Plaintiffs’ Reply Memo

City (Defendants) Motion

City Memorandum of Law

Plaintiffs’ Opposition Memo

City’s Reply Memo

2 replies on “NYPD Checkpoints”

  1. Some months ago, I was on my home from the airport (NE N Carolina) and encountered a police checkpoint (County & Hwy Patrol). I dind’t have the FairDUI material printed for this encounter. Knowing I was stone cold sober, I decided to exercise my rights and test the limits of the patrolman knocking at my window. Knowing he wanted to look at my eyes, I just kept looking forward. He asked to see my drivers license, so I held it up to the window. He insisted on hold my drivers license, so I cracked the window just enough to slide the license out. When handing it back, he cleverly held it a few inches from the window, forcing me to lower the window more to retrieve my license. This, of course, was intentional to better give him the opportunity to sniff for odors of alcohol or pot smoke. I lowered the window about 4 inches and took my license, then quickly closed the window. I never gave him the chance to look at my eyes, and continued looking forward. The patrolman asked where I was going. Not speaking, I pointed forward. He asked where I was coming from. Again, not speaking I pointed my thumb behind me. After a few seconds of this game, he bid me a good night and I drove off.

    I knew I hadn’t done anything wrong and every right against unwarranted search and seizure, and it was the patrolman who need to be careful about violating the laws and my rights. To his credit, the patrolman acted professionally. It was not a combative encounter and I was not antagonistic in any way, or than exercising my right to move freely about the country minding my own business.

    Just thought I would share.

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