Attorney questions DUI checkpoint tactics, wants North Dakota Legislature to end them

FARGO (KVRR) – A Fargo attorney is raising legal questions about how sobriety checkpoints are conducted by law enforcement.

The North Dakota Highway Patrol, Cass County Sheriff’s Office and Fargo Police conducted the latest checkpoint checkpoint on Saturday in the northbound exit ramp from I-29 to 19th Avenue North. 481 vehicles traveled through the checkpoint from 5:15 p.m. until 6:15 p.m. The checkpoint led to two DUI arrests.

“There may be some pretty significant constitutional challenges that can be raised here,” attorney Mark Friese said.

“What happens locally, is if you pull up to a roadblock, they’re stopping every single car. The first question is ‘have you been consuming alcohol?’…and if you answer that question in the affirmative, they say ‘pull over here, stop, and we’re going to subject you to testing.'”

“To me, that is clearly an unreasonable seizure under the Fourth Amendment,” according to Friese.

“The checkpoint was conducted in accordance with requirements set in U.S. Supreme Court and N.D. State Supreme Court case law.” North Dakota Highway Patrol Capt. Bryan Niewind said.

“Motorists had an opportunity to avoid the checkpoint by traveling northbound on I-29. Pre-warning signs of the checkpoint were set-up on I-29 prior to the exit ramp and the checkpoint was clearly visible for motorists traveling on I-29 with numerous patrol cars, additional signage, traffic cones and emergency lighting activated on the off-ramp checkpoint location,” said Niewind.

“It was daylight at the time of the checkpoint, and law enforcement was not hidden. We have conducted checkpoints on off-ramps in Fargo on numerous occasions, and the off-ramp checkpoint locations have not previously been identified as being unconstitutional with prior administrative and criminal cases.”

Friese says DUI checkpoints have become an expansion of law enforcement authority beyond what the courts have permitted. Nursing staff from Essentia Health and the Regional Vision Zero Coordinator handed out educational materials to drivers.

“They’re utilizing civilians in these roadblocks, handing out propaganda, handing out paperwork and getting away from the intent of focusing on an enforcement and educational effort,” according to Friese.

“It’s time, in my view, for the legislature to act, to stop this. It’s ineffective.”

DUI checkpoints are illegal in Minnesota.