The thesis of this Comment is that the foregoing contention cannot withstand careful examination. The Government's need to conduct routine checkpoint operations is no greater than its need to conduct roving patrol operations. With the former, the intrusion on fourth amendment rights is as onerous, and the overall burden on lawful traffic is more considerable. In addition, the Court made several questionable factual assumptions and altered the traditional allocation of the burden of proof with respect to warrantless law enforcement conduct. This Comment will summarize the factual context of the case, examine the Ninth Circuit's holding, which the Supreme Court reversed, and analyze the Supreme Court's decision.
Alien Checkpoints and the Troublesome Tetralogy: United States v. Martinez-Fuerte,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol14/iss1/11