ATV drivers are citizens with fourth amendment rights too.
In a 4-3 decision today, the
In the dissenting opinion, Justice Silver wrote:
The MCLU lauds Justice Silver's dissenting opinion. “We hope that, in time, the views expressed in today’s
dissenting opinion will gain the support of a majority of the
This past Spring, the Governor signed into law an amendment to the game-warden statute requiring that future stops be justified by “reasonable and articulable suspicion”—the same standard that governs car stops and the standard argued for in this case by the MCLU. The MCLU also advocated in the legislature for passage of the new law, which was sponsored by Representative John Martin (D-Eagle Lake) and which passed by a vote of 125 to 19 in the House and a unanimous vote in the Senate. The new law is P.L. 2009, Ch. 389 §1. This change mean today’s ruling does not set the standard for game warden authority. Unfortunately, the ruling still stands as guidance on the broader question of the right to privacy.