Legal Opinion · Concurrence

United States v. Paetsch

Court of Appeals for the Tenth Circuit

Decided April 8, 2015No. 13-1169Published

1ConcurrenceBriscoe, Chief Judge

I concur in the result.

Although I agree with the majority that the roadblock implemented by the police in this case was constitutional at its inception, I disagree with the majority that the police developed individualized reasonable suspicion of Paetsch within approximately 29 minutes of the beginning of the roadblock. To be sure, it is undisputed that approximately 29 minutes after the initiation of the roadblock, Paetsch and another individual were removed from their vehicles, handcuffed, and directed to sit on a nearby curb, based upon what the police perceived to be suspicious behavior…

2Cases cited2 opinions

  1. Davis v. United StatesSupreme Court of the United States · 2011
  2. United States v. PaetschDistrict Court, D. Colorado · 2012

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