State v Conner – A13A0371 – Georgia DUI Roadblocks – No Cones – No Signs – No problem
THE STATE v. CONNER, A13A0371, Court of Appeals of Georgia, July 3, 2013. On Appeal by the State after the granting of a motion to suppress an illegal, unconstitutional roadblock, the Court of Appeals reversed the trial court ruling by the Cobb County Trial Court finding that the roadblock at issue was not well identified. […]
Read MoreTeenager video of illegal Tennesse roadblock goes viral
A Tennessee teenager videotaped his encounter with the police where he was detained a DUI, license, insurance, and seatbelt “safety check” otherwise known as a roadblock and he was not drinking, had a license and insurance on his person, and was wearing a seat belt. A drug dog was prompted to alert on his car […]
Read MoreMitchell v. State – A13A0035 – Roadblocks: safety concerns are okay
In Mitchell v. State, A13A0035, April 30, 2013, the Georgia Court of Appeals held affirming the Dublin Georgia Laurens County Trial Court ruling in this Marijuana case that “for safety reasons and sobriety purposes” is a legitimate primary purpose for a Roadblock under Georgia and Federal law which had previously been limited to license checks, sobriety […]
Read MoreGame Changer: Do the Internet and Social Media Deter or Encourage DUI?
In Pittsburgh, PA, local police departments are concerned that social media is undermining DUI enforcement. According to police, “as soon as they set up a DUI checkpoint, people begin warning others on Twitter and Facebook of the exact location,” which requires them to relocate. This tactic brings to mind the constitutional constraints on roadblocks City of Indianapolis […]
Read MoreCLARK V. STATE – A12A1511: Georgia Court of Appeals Classic Re-Run – Constitutional Restrictions for Roadblocks Massaged (Again)
Clark v. State (2012) – Georgia Court of Appeals On May 30, 2010, Justin Clark was stopped at a roadblock in Polk County. The roadblock had been verbally authorized by a sergeant in the Georgia State Patrol. He testified that he implemented the roadblock to check driver’s licenses, proof of insurance, and motorist sobriety. Two GSP […]
Read MoreSTINSON V. STATE – A12A1592: In the Vicinity of a Roadblock? Beware! Police Have Greater Discretion Than Normal
On May 14, 2011, at around 1:47 a.m. the Jonesboro and Clayton County Police Departments were conducting a roadblock on Lake Jodeco Road in Clayton County. Stinson’s pickup truck crested a hill that obscured the roadblock, and upon noticing the checkpoint he “stopped very suddenly and made a very sharp right turn” onto an adjacent […]
Read MoreWILLIAMS v. STATE – A12A1116 – Free Roadblocks For Everyone! – Constitutional Constraints on Illegal Sobriety Checkpoints Go Through the Wringer
At around 2:00 a.m. officers of the Bibb County Police “HEAT” unit stopped James Williams at a roadblock. The officers observed that Williams was intoxicated and arrested him for suspicion of DUI. On appeal, Williams does not argue the factual findings of the court but contends that the trial court erred when it denied his […]
Read MoreDuly Noted: Man in Connecticut Cruises Through DUI Roadblock with Beer in Hand
As we’ve mentioned in our blog Cases of Note, the one thing you want to make sure to do if you’re trying to avoid a roadblock is to stay calm and take a detour. Don’t slow down, turn suddenly, or pull any “abnormal” driving maneuvers. Just be casual, but not too casual like this motorist in […]
Read MoreBlakely v. State – A12A0625: Avoiding a Roadblock Appeal: Buzz words – “Immediate” and “Sudden”
In Blakely v. State – A12A0625, decided June 14, 2012, Blakely appealed the denial of a motion to suppress evidence from the Superior Court of Elbert County, Elberton, Georgia. The defendant was approaching a roadblock when he “immediately” made a “kind of sudden turn” according to the arrest report. Initially, the arresting officer testified that Defendant was […]
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