Ross v. State, 573 S.E.2d 402 (Ga. Ct. App. 2002). · Go Syfert
Ross v. State, 573 S.E.2d 402 (Ga. Ct. App. 2002). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 2 distinct courts.
Strongest positive: SEARS v. BRADLEY (gamd, 2023-03-31)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (rule) SEARS v. BRADLEY
M.D. Ga. · 2023 · confidence medium
Ga. Feb. 19, 2009). 46 United States v. Whitehead, 567 F. App'x 758, 765 (11th Cir. 2014) (citing City of Indianapolis v. Edmond, 531 U.S. 32, 37, 40 (2002)). 9 closely related to the problems of policing the border or the necessity of ensuring roadway safety.47 Georgia courts have similarly required roadblocks to be “implemented to ensure roadway safety rather than as a constitutionally impermissible pretext aimed at discovering general evidence of ordinary crime.”48 The Georgia Supreme Court noted that “[a]lthough a roadblock cannot be used as a subterfuge to detain citizens for the pu…
discussed Cited as authority (rule) SEARS v. BRADLEY
M.D. Ga. · 2023 · confidence medium
Ga. Feb. 19, 2009). 46 United States v. Whitehead, 567 F. App'x 758, 765 (11th Cir. 2014) (citing City of Indianapolis v. Edmond, 531 U.S. 32, 37, 40 (2002)). 9 closely related to the problems of policing the border or the necessity of ensuring roadway safety.47 Georgia courts have similarly required roadblocks to be “implemented to ensure roadway safety rather than as a constitutionally impermissible pretext aimed at discovering general evidence of ordinary crime.”48 The Georgia Supreme Court noted that “[a]lthough a roadblock cannot be used as a subterfuge to detain citizens for the pu…
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2012 · confidence medium
See Giacini v. State, 281 Ga. App. 426, 428 (1) ( 636 SE2d 145 ) (2006) (mere presence at roadblock does not deprive officer of supervisory status if he is acting in supervisory capacity); Harwood v. State, 262 Ga. App. 818, 820 (1) (a) ( 586 SE2d 722 ) (2003) (supervisor did not act as field officer by attending roadblock, where supervisor did not screen, search, or otherwise interact with motorists); Ross v. State, 257 Ga. App. 541, 542 (1) ( 573 SE2d 402 ) (2002) (officer present at scene who had supervisory responsibilities acted as supervisor, not field officer, where he testified he was …
discussed Cited as authority (rule) James Williams v. State
Ga. Ct. App. · 2012 · confidence medium
Rather, “officers are not precluded as a matter of law from acting simultaneously as a supervisor and a field officer.”17 A supervisory officer’s participation in a roadblock 15 See Gonzalez v. State, 289 Ga. App. 549, 551 ( 657 SE2d 617 ) (2008) (supervisory officer who occasionally participated in traffic stops when traffic backed up still was acting in supervisory role); Hobbs v. State, 260 Ga. App. 115, 117 (1) ( 579 SE2d 50 ) (2003) (upholding the supervisory role of an officer who ordered the roadblock and stopped defendant at the scene). 16 See Giacini v. State, 281 SE2d 426 , 428…
discussed Cited as authority (rule) Owens v. State
Ga. Ct. App. · 2011 · confidence medium
State, 257 Ga. App. 541, 542 (1) ( 573 SE2d 402 ) (2002) (An officer’s testimony that “Chief of Police policy” authorized him as a supervisor to order roadblocks established that the decision to implement a roadblock was made at the programmatic level.); cf. Thomas u.
discussed Cited as authority (rule) Jacobs v. State
Ga. Ct. App. · 2011 · confidence medium
Sczubelek, 402 F3d 175, 201-202 (3d Cir. 2005) (“[N]ever once in over two hundred years of history has the Supreme Court [of the United States] approved a suspicionless search designed to produce ordinary evidence of criminal wrongdoing for use by the police.”) (citation and punctuation omitted). 5 See Gonzalez v. State, 289 Ga. App. 549, 551 ( 657 SE2d 617 ) (2008) (A roadblock was implemented by a supervisor even though the deciding officer testified that, while his primary duty at the location was to oversee the roadblock, he did occasionally step in and participate when traffic backed …
discussed Cited as authority (rule) Hurt v. State
Ga. Ct. App. · 2010 · confidence medium
J., and Phipps, P. J., concur. 1 OCGA § 40-6-391 (a) (5). 2 (Citations and punctuation omitted.) LaFontaine v. State, 269 Ga. 251, 252 (3) ( 497 SE2d 367 ) (1998). 3 (Citation omitted.) Harwood v. State, 262 Ga. App. 818, 819 (1) ( 586 SE2d 722 ) (2003). 4 See Brent v. State, 270 Ga. 160, 162 (2) ( 510 SE2d 14 ) (1998); Carson v. State, 278 Ga. App. 501, 502 ( 629 SE2d 487 ) (2006); Ross v. State, 257 Ga. App. 541, 542 (1) ( 573 SE2d 402 ) (2002). 5 (Citations and punctuation omitted.) Ross v. State, supra at 543 (2). 6 Id. 7 Wrigley v. State, 248 Ga. App. 387, 389 (1) ( 546 SE2d 794 ) (2001)…
discussed Cited as authority (rule) Rappley v. State
Ga. Ct. App. · 2010 · confidence medium
See Brent v. State, 270 Ga. 160, 162 (2) ( 510 SE2d 14 ) (1998); Carson v. State, 278 Ga. App. 501, 502 ( 629 SE2d 487 ) (2006); Harwood, 262 Ga. App. at 819-820 (1) (a); Ross v. State, 257 Ga. App. 541, 542 (1) ( 573 SE2d 402 ) (2002).
cited Cited as authority (rule) Gonzalez v. State
Ga. Ct. App. · 2008 · confidence medium
See also Hobbs, supra, 260 Ga. App. at 116 -117 *552 (1); Ross v. State, 257 Ga. App. 541, 542 (1) ( 573 SE2d 402 ) (2002); Buell v. State, 254 Ga. App. 456, 457 ( 562 SE2d 526 ) (2002).
discussed Cited as authority (rule) Harwood v. State
Ga. Ct. App. · 2003 · confidence medium
Blackburn, P. J., and Ellington, J., concur. 1 Huntley v. State, 244 Ga. App. 212, 213 (1) ( 535 SE2d 270 ) (2000). 2 Baker v. State, 252 Ga. App. 695, 701-702 (1) ( 556 SE2d 892 ) (2001). 3 See Hobbs v. State, 260 Ga. App. 115, 116-117 (1) ( 579 SE2d 50 ) (2003) (evidence that officer who ordered roadblock was a supervisory officer satisfied first criterion for evaluating roadblock’s constitutionality); Buell v. State, 254 Ga. App. 456, 457 ( 562 SE2d 526 ) (2002) (“checking for safety violations” was permissible purpose for roadblock). 4 See Ross v. State, 257 Ga. App. 541, 542 (1) ( 5…
discussed Cited "see" Carson v. State (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See Ross v. State, 257 Ga. App. 541, 542 (1) ( 573 SE2d 402 ) (2002).
discussed Cited "see" Dale v. State (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
See Ross v. State, 257 Ga. App. 541, 542 (1) ( 573 SE2d 402 ) (2002).
discussed Cited "see, e.g." Giacini v. State (2×)
Ga. Ct. App. · 2006 · signal: see also · confidence medium
See also Ross v. State, 257 Ga. App. 541, 542 (1) ( 573 SE2d 402 ) (2002). 8 See, e.g., Harwood, supra (supervisor did not act as “field officer” by attending roadblock, where supervisor did not himself screen, search or otherwise interact with motorists); Ross, supra (implementing officer testified that he was present at the scene as supervisor, not as a field officer participating in the roadblock). 9 277 Ga. App. 88 ( 625 SE2d 455 ) (2005). 10 Id. at 90-92 . 11 E.g., Carson v. State, 278 Ga. App. 501 ( 629 SE2d 487 ) (2006) (DUI enforcement a valid purpose); Overton v. State, 270 Ga. Ap…
Ross
v.
the State
A02A2139.
Court of Appeals of Georgia.
Sep 20, 2002.
573 S.E.2d 402
Jay M. Jackson, George C. Creal, Jr., for appellant., Keith C. Martin, Solicitor-General, Tasha M. Mosley, Assistant Solicitor-General, for appellee.
Eldridge, Smith, Ellington.
Cited by 14 opinions  |  Published
Eldridge, Judge.

On January 1, 2002, appellant-defendant Michael Ross was stopped at a Clayton County police roadblock. He was charged with driving under the influence of alcohol to the extent it was less safe for him to drive (OCGA § 40-6-391 (a) (1)), and with having an alcohol concentration of 0.08 grams or more within three hours of driving as a result of alcohol consumed before the driving activity ended. OCGA § 40-6-391 (a) (5). This Court granted Ross’s application for interlocutory appeal from the Clayton County State Court’s denial of his motion to suppress, as amended. On interlocutory appeal, Ross contends that the denial of his motion to suppress was error for want of evidence at the programmatic level showing a proper primary purpose for the roadblock in issue. Secondly, Ross challenges the roadblock as not in compliance with the requirement that all vehicles be stopped. Finding these claims of error to be without merit, we affirm. Held:

1. In LaFontaine v. State, 269 Ga. 251, 253 (3) (497 SE2d 367) (1998), the Supreme Court of Georgia established five criteria as determinative of the constitutionality of a roadblock.

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. [State v. Golden, 171 Ga. App. 27, 29-30 (318 SE2d 693) (1984).]

Id. Thereafter, relying upon City of Indianapolis v. Edmond, 531 U. S. 32 (121 SC 447, 148 LE2d 333) (2000), this Court modified the[*542] first of the LaFontaine criteria to further require a showing by the state that the roadblock program was implemented at the programmatic level for a legitimate primary purpose, i.e., proof that the roadblock was ordered by a supervisor and implemented to ensure roadway safety rather than as a constitutionally impermissible pretext aimed at discovering general evidence of ordinary crime. Baker v. State, 252 Ga. App. 695, 701 (1) (556 SE2d 892) (2001) (whole court, Pope, P. J., Andrews, P. J., and Eldridge, J., dissenting), cert. denied, 252 Ga. App. 905 (2002); Perdue v. State, 256 Ga. App. 765 (578 SE2d 456) (2002). “In looking to the programmatic purpose, we consider all the available evidence in order to determine the relevant primary purpose.” Ferguson v. City of Charleston, 532 U. S. 67, 81 (III) (121 SC 1281, 149 LE2d 205) (2001). That is, the program’s ultimate effect is the issue, thus making review of the program’s application and implementation pertinent in addition to such evidence as provided by supervisory personnel.

Ross’s claim to the contrary notwithstanding, there is evidence of record showing that the decision to implement the roadblock was made at the programmatic level for a proper purpose by a supervisory officer. Although it is undisputed that Lieutenant Tom Israel was in the field at the time the roadblocks in issue were established, he testified that he was there not as a field officer participating in the roadblocks, but as the supervisor on the scene; that he supervised the Traffic Unit of the Clayton County Police Department as its officer-in-charge, supervising six full-time traffic officers and, on a part-time basis, five officers assigned to the DUI task force; that Chief of Police policy authorized him to order roadblocks as a supervisor; that he ordered the roadblocks, determining where and when they would occur; that the officers who executed the roadblocks had not participated in the decision to do so; and that the roadblocks were set up to check drivers for sobriety and operator’s permits. Roadblocks for such purposes are proper under the special needs doctrine. [1] Michigan Dept. of State Police v. Sitz, 496 U. S. 444, 445 (110 SC 2481, 110 LE2d 412) (1990) (sobriety checkpoint); Delaware v. Prouse, 440 U. S. 648, 658, 663 (99 SC 1391, 59 LE2d 660) (1979) (driver’s license and vehicle registration checkpoint); Wrigley v. State, 248 Ga. App. 387, 390 (2) (546 SE2d 794) (2001). Under these circumstances, the instant roadblocks may not be deemed unauthorized for want of proof at the programmatic level of a proper primary purpose.

[*543] Decided September 20, 2002 Jay M. Jackson, George C. Creal, Jr., for appellant. Keith C. Martin, Solicitor-General, Tasha M. Mosley, Assistant Solicitor-General, for appellee.

2. Neither was the denial of Ross’s motion to suppress error upon the claim that vehicles were stopped randomly at the roadblocks in issue. Lieutenant Israel testified that he stopped and restarted the challenged roadblocks three times to safeguard his officers and the public, each time letting backed-up traffic clear the roadblocks. Otherwise, it is undisputed in the record that all vehicles stopped at the roadblocks were checked. “We held in State v. Manos, 237 Ga. App. 699 (516 SE2d 548) (1999), that ‘common sense recognizes the reasonableness of some type of procedure to suspend or halt a roadblock where the flow of traffic overwhelms the resources dedicated to that roadblock and poses a threat to public safety.’ ” Boyce v. State, 240 Ga. App. 388, 390 (523 SE2d 607) (1999), overruled on other grounds, Baker v. State, supra at 702 (1).

“In reviewing a trial court’s decision on a motion to suppress, an appellate court must adopt the trial court’s findings of fact unless they are clearly erroneous and not supported by any evidence admitted at the suppression hearing. [Cits.]” State v. David, 269 Ga. 533, 535 (1) (501 SE2d 494) (1998). Given authority to “interrupt” roadblocks for purposes of ensuring safety and the undisputed evidence as showing that no vehicle subject to the instant roadblocks went unchecked, the state court did not err in denying Ross’s motion to suppress upon the claim that the roadblocks were not randomly conducted.

Judgment affirmed.

Smith, P. J, and Ellington, J., concur.
1

“[I]n limited circumstances, a search unsupported by either a warrant or probable cause can be constitutional when ‘special needs’ other than the normal need for law enforcement provide sufficient justification.” Ferguson v. City of Charleston, supra at 74, n. 7; see also City of Indianapolis v. Edmond, supra at 37-40 (summary of special needs exceptions).