State v. DeBooy

HOWE, Chief Justice,

dissenting:

¶ 36 I dissent. I would affirm the trial court in denying defendant’s motion to suppress. Although the magistrate’s order authorizing a checkpoint to detect vehicle equipment violations could conceivably be overly broad if an officer unreasonably detained a motorist while conducting an extensive search for equipment violations, that was not the case here. The defendant here was not unreasonably detained; in fact, no search was made for equipment violations. Instead, defendant was stopped and asked for his driver’s license, vehicle registration, and proof of insurance, and whether he had any alcohol or drugs. Those inquiries were admittedly proper. He then consented to the officer’s request to search the vehicle. All of this was done quickly and without the unreasonable delay that might take place if an extensive investigation of equipment violations was made. Defendant must be judged on the facts of this case, not on the “worst case” scenario posited by the majority opinion.