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U.S. v. FRAIRE

No. 08-10448.

575 F.3d 929 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo FRAIRE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2009.

Attorney(s) appearing for the Case

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

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

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

SILVERMAN, Circuit Judge:

Park rangers set up a vehicle checkpoint at the entrance to the Kings Canyon National Park to "mitigate the illegal taking of animals in the park" due to hunting, which is prohibited in the park. All vehicles were stopped for about 15 to 25 seconds, and their drivers asked about hunting. When Appellant Ricardo Fraire's vehicle was stopped at the checkpoint, a ranger noted a strong odor of alcohol on Fraire's breath. He subsequently was charged...

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