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CA9: Anti-hunting checkpoint at entrance to national park was valid

By John Wesley Hall, Jr.

A checkpoint at the entrance to a national park to guard against unlawful hunting in the park was minimally intrusive and not unconstitutional. Its purpose was prevention and deterrence, not arrests. Defendant was arrested for DUI. United States v. Fraire, 2009 U.S. App. LEXIS 17276 (9th Cir. August 4, 2009): Park rangers set up a vehicle checkpoint at the entrance to the Kings Canyon National Park to “mitigate the illegal taking of animals in the park” due to hunting, which is prohibited in the park. All vehicles were stopped for about 15 to 25 seconds, and their drivers asked about hunting. When Appellant Ricardo Fraire’s vehicle was stopped at the checkpoint, a ranger noted a strong odor of alcohol on Fraire’s breath...continue to full post

Full post as published by Fourth Amendment on August 10, 2009 (boomark / email).