Kevin Whalling, Chief Counsel for the Whalling Law Group, PLLC must appear in court on behalf of his client, Radical Earth, concerning a recent warrantless City of Phoenix police search of Radical Earth members at a DUI checkpoint in Phoenix, AZ.
Radical Earth believes that governments are not taking enough affirmative steps to combat climate change and has occasionally advocated for the overthrow of fascist government and corporate senators. Police believe the group may be involved in an assassination plot to murder members of the World Bank.
Concerned with their radical beliefs, police set up DUI checkpoints near Radical Earth headquarters under the belief they would have the opportunity to stop and search members of the group under the pretext of a DUI checkpoint. On the third night of the DUI checkpoints, members of Radical Earth are stopped at a DUI checkpoint and asked to exit the vehicle where a pat down search occurred, and inventory of their personal effects were taken. No members of Radical Earth were, in fact, intoxicated at the time of the stop and search.
Following the stop at the DUI checkpoint, several members of Radical Earth were charged with criminal conspiracy and attempted murder.
This is a highly politized case with significant charges. Mr. Whalling is weighing different defense options for his clients, one of which is contesting the warrantless search of Radical Earth members at the DUI checkpoint.
Mr. Whalling has asked you to prepare a memorandum of law concerning search and seizure to determine the validity of the search to make a persuasive argument in court. Mr. Whalling needs you to discuss the following elements:
Define the elements of the Search and Seizure Amendment and explain what they mean.
Determine why the founding fathers included a provision in the Bill of Rights pertaining to search and seizure.
Consider DUI checkpoints. Should DUI checkpoints be legal given the provisions of search and seizure as defined by the Bill of Rights? Defend your rationale.