Gray v. Commissioner of Public Safety

Minnesota Supreme Court
Gray v. Commissioner of Public Safety, 519 N.W.2d 187 (Minn. 1994)
1994 Minn. LEXIS 506; 1994 WL 314714
Keith, Tomljanovich, Coyne

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Gray v. Commissioner of Public Safety

Opinion of the Court

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.

Dissenting Opinion

TOMLJANOVICH, Justice

(dissenting).

I respectfully dissent for the reasons set forth in my dissent in Ascher v. Commissioner of Public Safety, 519 N.W.2d 183 (Minn. 1994) which is being filed today.

Dissenting Opinion

KEITH, Chief Justice

(dissenting).

I join in Justice Tomljanovich’s dissent.

Reference

Full Case Name
John L. GRAY, Petitioner, Appellant (C6-93-262), Sherry Jo Gray, Petitioner, Appellant (CX-93-264), v. COMMISSIONER OF PUBLIC SAFETY, Respondent
Cited By
2 cases
Status
Published