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ASCHER v. COMMISSIONER OF PUBLIC SAFETY

No. C3-93-364.

519 N.W.2d 183 (1994)

Ricky Francis ASCHER, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, petitioner, Appellant.

Supreme Court of Minnesota.

Rehearing Denied August 9, 1994.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Nancy J. Bode, Asst. Atty. Gen., St. Paul, for appellant.

Faison T. Sessoms, Jr., Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

COYNE, Justice.

The issue in this appeal is whether the state has met its burden of establishing constitutional justification for police use of temporary roadblocks to stop cars and investigate a large number of drivers in the hope of discovering that some of them are alcohol-impaired. We hold that it has not met its burden and that such roadblocks violate Minn. Const. art. I, § 10.

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