US v. Fraire, No. 08-35191

In a prosecution for driving under the influence (DUI), denial of defendant's motion to suppress is affirmed where a momentary checkpoint stop of all vehicles at the entrance of a national park, aimed at preventing illegal hunting -- which is minimally intrusive, justified by a legitimate concern for the preservation of park wildlife and the prevention of irreparable harm, directly related to the operation of the park, and confined to the park gate where visitors would expect to briefly stop -- is reasonable under the Fourth Amendment.

Read US v. Fraire, No. 08-35191

Appellate Information

Argued and Submitted July 14, 2009

Filed August 4, 2009

Judges

Opinion by Judge Silverman

Counsel

For Appellant:

Daniel J. Broderick, Federal Defender, Fresno, CA

Douglas J. Beevers, Assistant Federal Defender, Fresno, CA

For Appellee:

Larry G. Brown, Acting United States Attorney, Fresno, CA

Mark J. McKeon, Assistant United States Attorney, Fresno, CA