Legal Opinion · Dissent

State v. Graham

Ohio Court of Appeals

Decided November 1, 1990No. Case No. 57622Published

1DissentPryatel, J.

Respectfully, I dissent on defendant's assignment of error. I do not dispute the state's interest in curtailing or deterring drug sales nor do I disagree with (1) United States v. Martinez-Fuersto (1976), 428 U.S. 543 authorizing a fixed checkpoint near the border to control illegal immigration of aliens (2) nor Michigan State Police v. Setz (1990) 110 L. Ed. 2d 412 upholding neutral fixed sobriety checkpoints as reasonable and constitutional.

Here we are not given the number of motorists stopped on Friday, June 17, 1988 as they returned from (1) work (2) shopping for weekend food, etc. Aside…

2Cases cited4 opinions

  1. Brown v. TexasSupreme Court of the United States · 1979
  2. United States v. Martinez-FuerteSupreme Court of the United States · 1976
  3. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  4. State v. BarciaNew Jersey Superior Court Appellate Division · 1988

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