Cited by

Safety, d 362, 366 (Minn. App. 1993), aff’d

Safety, 187 (Minn. 1994) (holding that law enforcement obtained evidence of the appellant’s intoxication from a sobriety checkpoint in violation of the Minnesota Constitution and overturning the district court’s decision to sustain license revocation); Olson v. Comm’r of Pub.

Safety, (holding that a temporary roadblock to check for impaired drivers violated the Minnesota Constitution 12 because investigative stops must be supported by individualized articulable suspicion of wrongdoing).

Safety, d 183, 187 (Minn. 1994) (protection from suspicionless seizures at DUI checkpoints); (protection from unreasonable expansion of scope and extension of duration of seizures).

Safety , , 370 (Minn. App. 1993) (ordering rescission of a license revocation where the revocation stemmed from an unconstitutional sobriety checkpoint), aff’d

–87 (Minn. 1994), we explained that Sitz inadequately balanced the state’s interests and individual privacy interests.

Safety, (holding suspicionless seizures using DWI roadblocks violated Minn. Const. art I, § 10).

In particular, appellants point out that, in Ascher v. Commissione r of Public Safety, we concluded that there had been a sharp departure based on how the Court balanced the relevant interests

1536 , 149 L.Ed.2d 549 (2001), that a search or seizure during a traffic stop must be reasonable under Article I, Section 10 even when a minor law has been violated); B.R.K., d at 576-77 (holding, in the absence of Supreme Court precedent, that short-term social guests have a reasonable expectation of privacy under Article I, Section 10); Ascher v. Comm’r of Public Safety, (holding, contrary to Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct.

Safety, the district court concluded that individualized suspicion of a code violation is required for issuance of an administrative search warrant to conduct a rental-housing inspection, and denied the city’s application.

Safety, (sobriety-checkpoint roadblock constitutes an unreasonable seizure absent an “objective individualized articulable suspicion of criminal wrongdoing”); (seizure occurs when a reasonable person would not feel free to leave).

Safety, aff'd, )), review denied (Minn. Mar.

Safety, (temporary roadblocks to investigate driving under the influence struck down on the basis that police need reasonable, articulable suspicion before making an investigative stop).

stop constitutes a seizure); (short-term social guest in a host’s home had reasonable expectation of privacy); Wiegand, d at 132 (dog sniff of motor vehicle); Harris, (bus passenger not seized under state constitution); (seizure of an underage patron in a bar); Ascher v. Comm’r of Public Safety, (sobriety checkpoint roadblock to stop motor vehicles); (seizure of person standing on street corner); Fuller, (double jeopardy clause of state constitution did not bar retrial); O’ (warrant authorizing

r of Public Safety, we, exercising our independent authority to interpret the Minnesota Constitution, held that using roadblocks to stop all vehicles at sobriety checkpoints violates “Minn. Const, art. I, § 10, which we have long held generally requires the police to have an objective individualized articulable suspicion of criminal wrongdoing before subjecting a driver to an investigative stop.”

In Ascher v. Comm’r of Public Safety, we declined to follow the Supreme Court’s holding in Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct.

We applied a balancing test in Ascher v... Comm’r of Public Safety, -87 (Minn.1994), and on facts similar to those in the Supreme Court decision in Sitz , we came to the opposite conclusion.