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
City (Defendants) Motion