Legal Opinion

Ascher v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided October 28, 1993No. C3-93-364PublishedCited by 10 opinions

1Opinion of the Court

OPINION

PARKER, Judge

Appellant Ricky Ascher argues that Fourth Amendment violations occurred when he was stopped at a sobriety checkpoint where television media were invited and present. He also argues that sobriety checkpoints violate article I, section 10, of the Minnesota Constitution. We reverse.

FACTS

On August 14-15, 1992, the Burnsville Police Department, the Dakota County Sheriffs Department, and the Minnesota State Patrol conducted a sobriety checkpoint on Highway 13 at Nicollet Avenue in the City of Burns-ville, Minnesota.

All vehicles traveling westbound on Highway 13 and northbound on…

2Cases cited14 opinions

  1. Brinegar v. United StatesSupreme Court of the United States · 1949
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. Michigan v. LongSupreme Court of the United States · 1983
  4. California v. Hodari D.Supreme Court of the United States · 1991
  5. Brown v. TexasSupreme Court of the United States · 1979

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Ascher v. Commissioner of Public SafetySupreme Court of Minnesota · 1994
  2. City of Bismarck v. UhdenNorth Dakota Supreme Court · 1994
  3. Gray v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1993
  4. Ascher v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1995
  5. Hoekstra v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2013

5 more not listed; retrieve them via the Exa API.

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