Hite v. State – A11A2008: The Finer Points of the Hearsay Rule: when a affidavit is not testimonial and when law enforcement is regular business
On February 23, 2008, Gary Todd Hite was arrested at approximately 3:30 a.m for DUI at a Georgia State Patrol roadblock. Hite motioned to suppress evidence, claiming the roadblock was unconstitutional. The trial court denied Hite’s motion and the Court affirmed their decision. On appeal, Hite did not dispute testimony, and when appealing a denial […]
Read MoreMartin v. State, A11A1922, December 7, 2011: Roadblock appealed from Douglas County State Court – Actual Supervisor who approved Roadblock is not necessary
Martin v. State, A11A1922, December 7, 2011: Martin was arrested for a marijuana/drug DUI after being stopped at a roadblock. She appealed the Douglasville Trial Court’s finding that the Roadblock was Constitutionally adequate. The Georgia Court of Appeals routinely has held that Roadblock is permissible when: the State must prove that a highway roadblock program […]
Read MoreShelly v. State, A11AQ2172, November 14, 2011: Douglas County Roadblock valid when approved by Chief Deputy
Shelly v. State, A11AQ2172, November 14, 2011: Ronald Shelley was stopped a roadblock in Douglas County. Shelley contested the Roadblock before the Trial Court in Douglasville, Georgia on the basis that the roadblock was not approved by an authorized supervisor for a legitimate primary purpose. The Court of Appeals reviewed the case de novo finding the […]
Read MoreBan apps relieving Police Roadblocks? What would Guy Fawkes say?
Fox News heralded the political firestorm surrounding DUI Sobriety Check Point smartphone apps. Fox has missed the point. If you have to have a roadblock to find “drunk drivers” maybe they aren’t drunk in the first place. Additionally, Roadblocks are fine for Apartheid-era South Africa, the Occupied West Bank, and North Korea but not for […]
Read MoreWhen avoiding a roadblock is a first tier encounter: Bacallo v. State, Oconee County
Bacallao v. State, A10A1743, January 6, 2011. After a Bench Trial in Oconee County State Court in Watkinsville, Georgia, Denise Bacallao was convicted of DUI. She appealed alleging that her stop and seizure was illegal. She was stopped after a Georgia State Trooper saw her pull into a gas station immediately before a roadblock was […]
Read MoreDeKalb County Roadblock is Legal: Hurt v. State
HURT v. THE STATE, A10A2229, Court of Appeals of Georgia, Decided: November 16, 2010. Rico Hurt was convicted of DeKalb DUI illegal blood alcohol level after a bench trial in the DeKalb County State Court in Decatur, Georgia. The DUI Decatur roadblock was found to be legal. The DUI arrestee argued the roadblock was illegal. […]
Read MoreAtlanta Police Chief admits at least 5000 Atlanta area roadblocks were illegal without realizing it
Atlanta Police Chief George Turner admitted to using unconstitutional roadblocks for general crime deterrence at a Gay, Lesbian, and Transgender Community forum last week. The Atlanta Police Chief’s dialogue went as follows: “When you look at where we place roadblocks, and the crime patterns in our community, you’ll see roadblocks in that area,” Turner said. […]
Read MoreDUI Police fear Twitter
Major news outlets are reporting that police are frustrated by the use of Twitter to warn potentially drunk drivers of roadblocks. Police fear that this free dissemination of information may help to drink drivers escape arrest. This begs the question shouldn’t the police want people to know about roadblocks so they will take a cab […]
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