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State v. Anderson10/31/2003
On October 20, 2001, the defendant, Gregory L. Anderson, was arrested at a sobriety checkpoint for driving under the influence and violation of the implied consent law. A preliminary hearing was held on January 3, 2002. The case was bound over to the Grand Jury, and the defendant was indicted. The defendant filed a motion to suppress all of the evidence obtained from the stop, contending that the roadblock was illegal. A suppression hearing was held, and the motion was denied. Following a jury trial on July 15, 2002, the defendant was found guilty of driving under the influence, fifth offense. The defendant filed a motion for new trial and a motion to reconsider the motion to suppress. The motions were denied, and the defendant timely filed his notice of appeal. He contends on appeal that the trial court erred in denying (1) his motion to suppress and (2) his motion in limine regarding a racial slur used by the defendant.
Facts
On October 20, 2001, between midnight and 12:30 a.m., the defendant encountered a sobriety checkpoint being conducted by the Tennessee Highway Patrol on Linbar Drive in Davidson County. Trooper Bennie Jennings, Jr. testified that the officers present at the roadblock were wearing reflective vests, orange cones were in place, blue lights were flashing, numerous marked police vehicles were on the scene, and the location was in a well lit, visible area. The roadblock site, which was on a list of pre-approved locations, was chosen in advance by his supervisors. The media was notified in advance of the roadblock. The officers were instructed to stop all cars in both directions, unless traffic became congested.
As the defendant proceeded through the roadblock, his vehicle was approached by Trooper Jennings. Trooper Jennings noticed one passenger in the defendant's vehicle. Trooper Jennings testified at trial that he detected the odor of alcohol coming from the defendant's vehicle. He asked the defendant if he had been drinking, to which the defendant responded that he had consumed two beers. Trooper Jennings then instructed the defendant to pull into a parking lot next to the roadblock area. He stated that the defendant had to make a left turn in order to get into the parking lot. The defendant then made another left turn into a parking space. A private investigator testified that the distance from where the defendant was initially stopped to the parking space was approximately 300 feet. Trooper Jennings conceded on cross-examination that the defendant made proper turns and was not driving erratically.
Trooper Jennings stated that he walked alongside the defendant's vehicle as he drove approximately two to three miles per hour into the parking lot. He had his hand on the defendant's door and was talking to him while he drove into the parking lot. Trooper Jennings testified that as he and the defendant were talking, he could smell alcohol coming from the defendant's mouth. The defendant parked where instructed and exited his vehicle. Trooper Jennings stated that the defendant was unsteady and had to lean on his vehicle to gain his balance. The defendant "fumbled excessively" when getting out his license. Trooper Jennings asked the defendant to perform some field sobriety tests, and he agreed. As the defendant walked toward the back of the vehicle to perform the tests, he was staggering and unsteady on his feet. Trooper Jennings began the tests by demonstrating the one-leg stand. He testified that while he was instructing the defendant on how to perform the test, the defendant was not paying attention and not following directions. Trooper Jennings stated that while attempting to perform the one-leg stand, the defendant kept putting his foot dow
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