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State v. Morgan6/9/2004
The State appeals the trial court's order granting Garie Garfield Morgan's motion to suppress in this case in which Morgan was charged with trafficking marijuana. The trial court found that the roadblock at which Morgan was stopped was not approved by a supervisor for the date and time that it actually occurred.
Sergeant Kirk Hartwell of the Interstate Criminal Enforcement Unit (ICE), whose function, according to Hartwell, is to "look[ ] for any criminal activity on I-16," testified about the decision to implement the roadblock. Although he stated that he holds a supervisory position and that it was his decision to implement the roadblock, the roadblock was approved in writing by his supervisor, Major Carson Knight. Hartwell testified that he made the decision about when and *729 where to have the roadblock. He also testified that the purpose of the roadblock was "a license/DUI checkpoint." But he went on to explain that the decision to implement the roadblock was based on broader concerns: "We've just had an influx of drug cases, me and the guys that we work with, and we just thought that [...,] and the DUI, we've had a lot of DUI's during that time frame...." He elaborated, "our job is any criminal activity on the interstate and drugs are prevalent. I mean, there's a lot of drugs out there; there's a lot of DUI's out there, you know, so any criminal activity that's what we're out there for." (Emphasis supplied.) He testified that there was no particular reason that they selected the day of the roadblock but that the roadblock was authorized for two days.
The signed authorization, however, is inconsistent with Hartwell's testimony. First and foremost, the authorization indicates that the roadblock would occur on only one day, April 19, 2002, from 3:00 p.m. to midnight. Second, it indicates that the "objective" for the roadblock was more than license checks and, in fact, was much more consistent with Hartwell's testimony that the purpose was to identify any criminal activity:
Interstate Criminal Enforcement Unit (ICE) shall conduct License Checks/Road Blocks in an effort to assist with public safety, enforce the law, and to promote order, peace, and dignity in Laurens County, Georgia. During the course of the License Checks/Road Blocks officers from the ICE unit shall be on alert for illegal activity.
Finally, Major Knight is identified on the authorization as "Implementing Traffic Supervisor for Road Block/License Check."
The roadblock was held on both April 18 and 19, 2002. Hartwell's unit, the ICE, participated in the roadblock, together with the Laurens/Dublin drug unit, several probation officers, the Department of Corrections K-9 unit, and several deputies from Laurens County. The K-9 unit was present to check for drugs. Hartwell testified that he and another officer were trained in who should be given field checks for intoxication.
The checkpoint was located at the end of an exit ramp from Interstate 16 and was identified by signs on the interstate as a "DUI/drug check point." The officers placed decoy patrol cars with lights flashing on the interstate in an attempt to cause those who were concerned about a checkpoint to take the exit. In Hartman's estimation, 75 percent of the people taking the exit fell for the ruse. At the end of the ramp, officers stopped all cars, and most motorists were delayed for less than a minute. The officers followed internal guidelines for executing the roadblock/checkpoint, but the guidelines *730 were not introduced into evidence. In addition to checking drivers' licenses and proofs of insurance, the officers looked for "any obvious violations, seat belt violations, open containers, anything such as that." If the officers decided that more investigation was warranted, the cars were th
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