Arrest, Search, Seizure, Warrant I Need Help Finding Name Of Specific Search & Seizure Ruling

[acarter]

I cannot remember the name or case where it was ruled that an officer cannot use a false reason to search something. for example, an officer cannot set up a sobriety checkpoint to search cars for stolen goods if they get a call that certain goods have been recently stolen. Does anybody know the name of that case or where I can find the name?

 

[Michael Wechsler]

I cannot remember the name or case where it was ruled that an officer cannot use a false reason to search something. for example, an officer cannot set up a sobriety checkpoint to search cars for stolen goods if they get a call that certain goods have been recently stolen. Does anybody know the name of that case or where I can find the name?

It's hard to say without a state or federal indicator. The bottom line is that the police cannot unreasonably expand a permissible search using checkpoints. Searches may be permitted but limited in nature. If something could be in plain view or within the purview of a valid search, it may be difficult to challenge. I'm wondering whether you are trying to state that the purpose of the search makes the search invalid if the state never sets up sobriety checkpoints then all of a sudden they do. I'm not sure whether there can be such a challenge if the ability to set up such a checkpoint is legal.