FARGO, ND (trfnews.i234.me) – A Fargo attorney is raising legal questions about the recent sobriety checkpoint conducted by the North Dakota Highway Patrol, Cass County Sheriff’s Office, and Fargo Police. The checkpoint, set up on the northbound exit ramp from I-29 to 19th Avenue North, saw 481 vehicles pass through between 5:15 p.m. and 6:15 p.m. on Saturday, leading to two DUI arrests.
Attorney Mike Freeze contends that such checkpoints may violate constitutional rights, arguing that stopping every car and questioning drivers about alcohol consumption constitutes an unreasonable seizure under the Fourth Amendment. Freeze acknowledges that the checkpoint followed guidelines established by the U.S. Supreme Court and North Dakota state law but insists the practice oversteps legal boundaries.
North Dakota Highway Patrol Captain Bryan Niewind defended the checkpoint, noting that motorists could avoid it by staying on I-29 and that pre-warning signs and visible law enforcement were present. Despite previous checkpoints on Fargo off-ramps being upheld as constitutional, Freeze believes it’s time for legislative action to halt what he sees as an ineffective and legally dubious practice, contrasting it with Minnesota’s outright ban on such checkpoints.
well you can be intoxicated and operate firearms, why not a car?