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THE STATE v. MANOS.
A99A0091.
MCMURRAY, Presiding Judge.
D.U.I. DeKalb State Court. Before Judge Smith.
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.
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).
William C. Head, for appellee.
Gwendolyn R. Keyes, Solicitor, Maura F. Krause, W. Cliff Howard, Assistant Solicitors, for appellant.
DECIDED APRIL 20, 1999.
Thursday May 21 02:58 EDT


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