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Name: United States v. Fraire
Case #: 08-10448
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/04/2009
Summary

A checkpoint at an entrance to a national park for the purpose of curbing illegal hunting is reasonable under the Fourth Amendment. Park rangers set up a vehicle checkpoint at the entrance to Kings Canyon National Park to try to control illegal hunting of animals in the park. All cars were stopped for about 15 to 25 seconds, and drivers were asked about hunting. When Fraire’s vehicle was stopped at the checkpoint, a ranger noted a strong odor of alcohol on him. He was subsequently charged with driving under the influence and related offenses. Fraire’s motion to suppress, based on the suspicionless stop of his vehicle, was denied. The appellate court affirmed. A momentary checkpoint stop of all vehicles at the entrance of a national park, aimed at preventing illegal hunting, which is minimally intrusive and justified by the need for preservation of wildlife, is reasonable under the Fourth Amendment.