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Thomas v. State12/5/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
Following a bench trial, Wesley Phil Thomas appeals his convictions for trafficking in methamphetamine, possessing a weapon during commission of a felony, and possessing an open container of an alcoholic beverage while operating a vehicle, all of which were based on evidence obtained during a traffic roadblock at which he was stopped. He contends that the trial court erred in denying his motion to suppress the evidence resulting from the roadblock. We agree and reverse.
In reviewing the denial of a motion to suppress . . . , we apply the following three principles. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them. Second, the trial court's decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court's findings and judgment.
(Punctuation omitted.) Monas v. State.
So viewed, the record shows that in the early morning hours, Corporal Shane Miller, a field patrol officer for the Loganville Police Department, met at a convenience store with other field patrol officers on his shift. While talking with the other field patrol officers at the convenience store, Corporal Miller decided to implement a roadblock for the purpose of checking drivers' licenses, proof of insurance, and seat belts. Corporal Miller and the other officers left the convenience store and drove to the selected roadblock location.
As Thomas approached the roadblock, he was stopped by Corporal Miller, who was working the roadblock. Corporal Miller smelled the odor of an alcoholic beverage coming from Thomas and his vehicle. Corporal Miller asked Thomas to pull over to an area away from traffic and asked Sergeant Fain to administer field sobriety tests to Thomas. As Sergeant Fain spoke to Thomas, Thomas informed him of the presence of handguns in his vehicle. The handguns were retrieved and a subsequent pat-down search revealed methamphetamine in Thomas's pocket. Thomas was placed under arrest and an inventory search of his vehicle revealed approximately 59 grams of methamphetamine. An open container of beer was found in the vehicle, however, the State does not rely upon this fact to authorize the search of Thomas or his vehicle.
Thomas contends that the evidence supporting his convictions should have been suppressed because the roadblock at which he was stopped was illegal. We agree.
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 is sufficient to qualify him to make an initial determination as to which motorists should be given field tests for intoxication.
LaFontaine v. State. In accordance with City of Indianapolis v. Edmond, the State must also show "that the roadblock program was implemented at the programmatic level for a legitimate primary purpose." Hobbs v. State.
Thomas challenges the supervisory status of Corporal Miller and contends that he was an "officer in the field" and not an appropriate supervisor for purposes of authorizing the roadblock, as required by
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