Summary
ACLU affiliates in New Hampshire, Maine, and Vermont filed a federal lawsuit in August 2020 challenging the use of unconstitutional border patrol checkpoints that frequently occur on I-93 in Woodstock, New Hampshire and elsewhere in northern New England. During these checkpoints, Border Patrol detains hundreds – if not thousands – of individuals lawfully traveling in northern New England during the summer and fall tourist seasons without any suspicion that they have committed a crime. In May 2023, the ACLU settled the lawsuit, with Border Patrol agreeing to refrain from operating the Woodstock checkpoint until January 1, 2025.
Background
The ACLU affiliates, with client Jesse Drewniak, argue these checkpoints – conducted for the primary purpose of general crime control and drug interdiction – are beyond the scope of Border Patrol’s authority. The lawsuit also asked that the court immediately stop Border Patrol from conducting these illegal checkpoints in Woodstock — a small town (population 1,374) in the White Mountains that is approximately 90 driving miles from the Canadian border. Drewniak was also represented by Scott Harris, Steven Dutton, and Jeremy Walker of McLane Middleton, as well as Mark Sisti and Albert “Buzz” Scherr.
Drewniak, a United States citizen residing in Hudson, New Hampshire, was one of the persons ensnared in an August 2017 checkpoint in Woodstock. He was travelling home from a fly-fishing trip in the White Mountains, where he goes at least 50 times during fishing season to fish, forage, hike, and swim.
This federal lawsuit followed a major ACLU victory that stemmed from illegal searches and seizures that occurred during the August 2017 checkpoint in Woodstock. In that case, sixteen people who were charged with the violation-level offense of possessing small amounts of drugs for personal use (mostly marijuana) – including Drewniak – challenged the checkpoint’s constitutionality. In May of 2018, the Plymouth Circuit Court concluded that “the primary purpose of the [August 2017 checkpoint] was detection and seizure of drugs,” thereby making the checkpoints “unconstitutional under both State and federal law.” As a result, the Court suppressed all evidence obtained from the checkpoint. The State then dismissed all charges against the 16 individuals in September of 2018.
Despite this court victory declaring the August 2017 checkpoint unconstitutional, Border Patrol continued these checkpoints in northern New England.
