Ziegler
United States v. Ziegler
Opinion
Opinion
Ware, J.
ORDER REVERSING MAGISTRATE JUDGE’S ORDER
Plaintiff-Appellant United States of America (“Plaintiff’) appeals Magistrate Judge Garrett’s January 7, 1993 order granting Defendant-Appellee Paul M. Ziegler’s (“Defendant”) motion to suppress evidence of driving under the influence of alcohol obtained when Defendant was stopped at a sobriety checkpoint. Because the Court finds that the Magistrate Judge erroneously construed the Constitutional requirements for a sobriety checkpoint, the Court hereby REVERSES the Magistrate Judge’s order of suppression and dismissal and REMANDS the case to the trial court for further proceedings consistent with this Order.
I. BACKGROUND
The issue presented in this appeal is whether a search at a sobriety checkpoint violates the Fourth Amendment to the United States Constitution if motorists are not given advance publicity of the checkpoint. The Court holds that it does not.
On June 20, 1992, between the hours of 10:30 p.m. and 1:00 a.m., federal police officers conducted a “systematic vehicle inspection” checkpoint outside the Imjin Road Gate to Fort Ord Army Reserve. The police directed every fifth vehicle into an established inspection site and…