News– Bogus checkpoints used to nab drug dealers from the Indianapolis Star (Aug. 8). Police set up a fake checkpoint on I-65 just to nab those who turned around or made an unsafe exit. There was no exit nearby, and the police used evasion as their PC to stop cars. So, Indiana police use a constitutional violation to arrest those seeking to avoid their unconstitutional conduct. This is mildly surprising considering Illinois v Lidster is pending before the Supreme Court (see Cert. grants) unless, of course, the police don't keep up with developments, which is more likely. (A letter to the editor published today in the same paper criticizes the paper for revealing the police misconduct: "It is a legal endeavor, so why not publish it afterward as a tribute to the commitment and ingenuity the police use to catch drug criminals in Indianapolis," instead of giving criminals a heads up? For some people, any sacrifice is not too great in the war on drugs, including sacrificing all our rights, just to nab one possessor of marijuana.) Police departments and citizens like this insure the guys like me will always have a job.

The Tenth Circuit Court of Appeals for Oklahoma has also okayed the practice. In U.S. v. Mack Flynn (309 F.3d 736; available free here) the Court held that for purposes of the Fourth Amendment, the creation of a ruse to cause a defendant to abandon an item is not illegal.