United States Ninth Circuit

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.

Appellate Information

• Argued 07/14/2009
• Decided 08/04/2009
• Published 08/04/2009

Judges

• SILVERMAN, Circuit Judge:, Before:  BARRY G. SILVERMAN, RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel J. Broderick, Federal Defender, Douglas J. Beevers, Assistant Federal Defender (argued), Fresno, CA, for the appellant.


• For Appellees:
  
• Larry G. Brown, Acting United States Attorney, Mark J. McKeon, Assistant United States Attorney (argued), Fresno, CA, for the appellee.