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Name: U.S. v. Hawkins
Case #: 00-10149
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/07/2001
Subsequent History: None
Summary

Hawkins, who was leaving McClellan Air Force Base at night was stopped at the exit gate by an officer, who smelled alcohol on his breath. He was subsequently detained, given a breath test, and arrested for driving under the influence. Hawkins’ motion to suppress the evidence resulting from the stop was denied. Here, the appellate court affirmed the denial of the motion. All vehicles leaving McClellan are detained pursuant to regulations issued by the base commander. Therefore, it was a checkpoint where all vehicles were stopped and minimal intrusion was involved. Further, the checkpoint advanced a substantial public interest, including national security and the enforcement of traffic regulations. The requirement that all vehicles stop for inspection before leaving McClellan is a reasonable intrusion on an individual’s right to privacy under the Fourth Amendment.