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A few months back I did quite a bit of research in the legality of this approach. I only found on Texas case (Austin COA)in which the court upheld a stop of a woman who tossed the drugs out of car when she saw the sign warning about a checkpoint ahead. Other federal and state courts have been all over the place on the issue--some finding it illegal; others finding it legal. Janette Ansolabehere | |||
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It seems to me to be pretty hard to argue against the holding in U.S. v. Flynn, 309 F.3d 736 that "The posting of signs to create a ruse does not constitute illegal police activity." The Colorado Court of Appeals accepted this argument just this week in People v. Roth. | |||
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For another update on the Tulia debacle, read about the upcoming grievance trial against the prosecutor. | |||
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