Judge: Idaho Fish And Wildlife Can Continue Road Checks

A U.S. District Court judge ruled last week Idaho fish and wildlife officials can continue setting up checkpoint stations to stop all vehicles to enforce hunting and fishing regulations. In his ruling, the judge dismissed Steve Tanner’s lawsuit seeking to ban the roadblocks. Tanner, who wasn’t hunting or fishing, was arrested and cited in late 2017 for failing to stop at a check station and for eluding a law enforcement officer after driving past a check station near his home in northern Idaho.

“I’m disappointed,” Tanner said Monday. “It’s ludicrous to say I didn’t have my Fourth Amendment rights violated.”

The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures. Tanner said he has not decided about appealing to the 9th U.S. Circuit Court of Appeals.

Tanner also argued that the checkpoints for those not hunting or fishing amounted to an “unreasonable” seizure under the Fourth Amendment of the U.S. Constitution. He cited a two-step process analysis devised by the 9th U.S. Circuit Court of Appeals to determine reasonableness.

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