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THE STATE v. MANOS

Court of Appeals of Georgia1999-04-20No. A99A0091
237 Ga. App. 699516 S.E.2d 548

Summary

Holding. The court affirmed the trial court's suppression of evidence, holding that the roadblock violated the Fourth Amendment because field officers possessed uncontrolled discretion to stop and restart the checkpoint without a defined policy or supervisory guidelines.

The defendant was detained at a police roadblock set up to check driver's licenses and insurance documentation, and was subsequently arrested for driving under the influence. He sought to exclude all evidence stemming from the roadblock stop. The parties agreed to use testimony from a prior roadblock case involving the same officer and methodology to establish the facts. According to that testimony, the roadblock would completely cease operations when traffic backed up, allowing all vehicles to pass until the queue cleared, at which point officers would resume stopping vehicles at their discretion.

The trial court suppressed the evidence, and the state appealed. The appellate court acknowledged that roadblocks can satisfy Fourth Amendment requirements when implemented under proper supervisory control, applied uniformly to all vehicles, and maintained minimally invasive procedures. However, it found the roadblock in this case constitutionally defective because there was no documented policy governing when officers could halt or restart the checkpoint. The court determined that permitting field officers unfettered discretion to decide when to suspend and resume operations—based on vague and undocumented public safety concerns—rendered the detention unreasonable.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether stops at a roadblock checkpoint constitute Fourth Amendment seizures
  • Reasonableness of roadblock operations under the Fourth Amendment
  • Whether unfettered field officer discretion to halt and resume checkpoints renders a roadblock unconstitutional
  • Whether traffic backup alone justifies suspending roadblock operations

Procedural posture

The state appealed from the trial court's grant of the defendant's motion to suppress evidence obtained at the roadblock.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

McMURRAY, Presiding Judge.

Defendant was stopped at a roadblock inspection for driver’s licenses and insurance papers and subsequently was charged with driving under the influence of alcohol and driving with an unlawful blood alcohol concentration. He moved to suppress “all evidence obtained” as a result of this roadblock. The State and the defendant stipulated that the roadblock at issue was operated under the same methodology as previously testified to by the same arresting officer in another case, and the parties agreed to use the evidence from that prior case as the evidence in support of this roadblock.

At that prior hearing, Officer G. T. McElroy of the Doraville Police Department testified without contradiction as follows: Dora-ville police were performing a license and insurance check roadblock on the southbound access road of Peachtree Industrial Boulevard at Tilly Mill Road. Officer McElroy confirmed this roadblock was implemented by supervisory personnel and was clearly identified to motorists as a police check point. Every car that approached was stopped “unless we get too backed up.” In that event, police “let every car go till there’s no more vehicles in sight, and then . . . start stopping cars again.” That is, when the police are busy and cannot tend to the people approaching the roadblock, they let them all go through, and then later on, the police “just pick up . . . [and] resume the roadblock.” Officer McElroy confirmed the “roadblock doesn’t officially end; [it is] just [that] temporarily [police] let people go through. . . .” A “screening officer” would determine if a driver appeared under the influence of alcohol, although the qualifications of such screening officer do not appear of record. If a driver is able to produce proof of insurance and a driver’s license, and police do not smell an odor of alcoholic beverage, the length of the detention is only “fifteen to thirty seconds.”

The trial court granted defendant’s motion to suppress. Pursuant to OCGA § 5-7-1 (a) (4), the State appeals. Held:

“[A] Fourth Amendment ‘seizure’ occurs when a vehicle is stopped at a checkpoint. [Cits.] The question thus becomes whether such seizures are ‘reasonable’ under the Fourth Amendment.” Michigan Dept. of State Police v. Sitz, 496 U. S. 444, 450 (110 SC 2481, 110 LE2d 412). Accord LaFontaine v. State, 269 Ga. 251, 252 (3) (497 SE2d 367). See also Brent v. State, 270 Ga. 160, 161 (2) (510 SE2d 14).

A roadblock is satisfactory where the decision to implement the roadblock was made by supervisory personnel rather than the officers in the field; all vehicles are stopped as opposed to random vehicle stops; the delay to motorists is minimal; the roadblock operation is well identified as a police checkpoint; and the “screening” officer’s training and experience [are] sufficient to qualify him to make an initial determination as to which motorists should be given field tests for intoxication.

LaFontaine v. State, 269 Ga. 253 (3), supra, applying the factors identified in State v. Golden, 171 Ga. App. 27, 29 (318 SE2d 693).

In the case sub judice, the record is silent as to the procedures whereby officers, either supervisory or in the field, determine whether public safety requires that an existing roadblock be terminated, temporarily or otherwise, due to a backup in traffic. Common sense recognizes the reasonableness of some type of procedure to suspend or halt a roadblock where the flow of traffic overwhelms the resources dedicated to that roadblock and poses a threat to public safety. A supervisor’s decision to stop the roadblock, permitting all subsequent traffic to proceed is neither arbitrary nor capricious. Conversely, more officers could be assigned to the roadblock to handle the traffic load. We do not hold that a traffic backup renders an otherwise reasonable roadblock unreasonable under either the Fourth Amendment or Art. I, Sec. I, Par. XIII of the Georgia Constitution (1983). But the meager record before us is inadequate to justify reposing an unfettered discretion in the field officer to stop and start the roadblock at will (randomly), based on a vague and undocumented articulation of public safety. Absent some type of policy defining the options to supervisory personnel or else limiting the discretion of the officer in the field, we hold the evidence of record authorized the trial court’s conclusion that the particular roadblock at issue was impermissibly based on an unfettered discretion granted to the field officer. Under these particular circumstances, the grant of defendant’s motion to suppress was not in error.

Decided April 20,1999.

Gwendolyn R. Keyes, Solicitor, Maura F. Krause, W. Cliff Howard, Assistant Solicitors, for appellant.

William C. Head, for appellee.

Judgment affirmed.

Andrews and Ruffin, JJ, concur.