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STATE v. MUZIK

No. C5-85-952.

379 N.W.2d 599 (1985)

STATE of Minnesota, Appellant, v. Daniel Lee MUZIK, Respondent.

Court of Appeals of Minnesota.

December 31, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Paul A. Rajkowski, Waite Park City Atty., St. Cloud, for appellant.

Michael O. Burns, St. Cloud, for respondent.

Heard, considered and decided by Crippen, Presiding Judge, Wozniak, Judge, and Lansing, Judge.

OPINION

LANSING, Judge.

This appeal raises the question whether a police checkpoint or roadblock set up to detect drinking drivers violates the fourth amendment of the United States Constitution. The trial court found the checkpoint stop unconstitutional and suppressed all evidence against Daniel Muzik obtained as a result. We affirm.

FACTS

From 10:00 p.m. to 2:00 a.m. on October 4-5, 1984, officers of the Waite Park Police Department and...

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