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Old May 25, 2009 | 9:09 pm
  #32  
Trollkiller
 
Join Date: Jul 2008
Location: Florida
Posts: 3,006
Originally Posted by law dawg
It is not a roving checkpoint. It's a roving vehicle stop. I can't make that more clear. A roving vehicle stop requires reasonable suspicion to make. A roving checkpoint is a non-permanent checkpoint that is put up on occasion but that operates in all other aspects like a checkpoint. IOW, no cause is required to make a vehicle stop. I've worked both permanent and temporary checkpoints. I've also done traffic stops. They are markedly different.

A cop making a traffic stop generally does so with PC to believe a crime has been committed - a traffic violation or similar. As the USBP doesn't enforce those laws they are making, in effect, a forced detention (as in Terry Stop). That requires reasonable suspicion.
At one point the BP tried to argue that a stop similar to the one the OP described was a roving checkpoint. The courts had a good laugh and told them "no".
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