Gray v. Commissioner of Public Safety

519 N.W.2d 187, 1994 Minn. LEXIS 506, 1994 WL 314714

Opinions

OPINION

COYNE, Justice.

In this case the court of appeals affirmed an order of the district court sustaining the revocation of the driver’s licenses of 'John and Sherry Gray pursuant to the implied consent law, Minn.Stat. § 169.123 (1992). Gray v. Commissioner of Pub. Safety, 505 N.W.2d 357 (Minn.App.1993). The Grays, driving separate automobiles, were arrested after being stopped at a sobriety checkpoint in St. Paul.

In Ascher v. Commissioner of Public Safety, 519 N.W.2d 183 (Minn.1994), filed herewith, we are holding that police use of a temporary roadblock to stop cars and investigate a large number of drivers in the hope of discovering evidence of alcohol-impaired driving by some of them violates Minn. Const, art. I, § 10, which we have interpreted as generally requiring that police may not subject a driver to an investigative stop without first having objective, individualized articula-ble suspicion of criminal wrongdoing by the driver. Our holding in Ascher controls the disposition of this appeal. The decision of the court of appeals affirming the district court is therefore reversed.

Reversed.