Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Armentrout v. State

The State failed to prove that the police department's overall checkpoint program had a legitimate primary purpose; the checkpoint was therefore unlawful and the trial court erred in denying the DUI defendant's motion to suppress.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Renee Armentrout was stopped at a police checkpoint and arrested for driving under the influence of alcohol. Following a stipulated bench trial, she was convicted of driving under the influence of alcohol to the extent it was less safe for her to do so DUI less safe and driving under the influence of alcohol with an excessive blood-alcohol concentration DUI per se. On appeal, Armentrout contends that the trial court erred in denying her motions to suppress evidence recovered from the traffic stop and the results of the State-administered chemical test, arguing that the checkpoint was unlawful and the police officer’s reading of the implied-consent warning was misleading. For the reasons set forth infra, we agree that the checkpoint was unlawful and, thus, reverse Armentrout’s convictions.

Viewed in the light most favorable to the trial court’s findings and judgment,1 the evidence shows that on June 29, 2011, Sergeant Ronnie Young—an officer in the Johns Creek Police Department who supervised day-to-day traffic-enforcement operations—submitted a written proposal to his superior officer to establish a traffic task force, which would conduct several traffic-safety checkpoints during the upcoming Fourth of July weekend. In addition to specifying the times and locations for the checkpoints, the proposal noted that the goal of the task force was to “establish safety checkpoints to enhance safe travel” through the city and that the “primary purpose of the checkpoints was to conduct a check of driver’s licenses, and to identify drivers who are under the influence of drugs and/or alcohol.” Young’s superior approved the proposal, and Johns Creek police officers including Sergeant Young began implementing the checkpoints two days later.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
(EXCLUSIVE FULLY REMOTE) INSURANCE COVERAGE ASSOCIATE OR COUNSEL WANTED FOR MULTI-STATE BOUTIQUE LAW FIRM (Florida)

Our client, a multi-state full-service boutique, is seeking to add an insurance coverage associate or counsel to work closely with one of th...


Apply Now ›
(EXCLUSIVE) IN-HOUSE GENERALIST ATTORNEY WANTED FOR PRIVATELY OWNED CONSTRUCTION SERVICES FIRM (Atlanta, GA)

Our client, an Atlanta-based and family-owned commercial construction services firm, has engaged us to identify an in-house attorney for the...


Apply Now ›
Agency Attorney

The Office of the Special Commissioner of Investigation for the New York City School District ( SCI ) has broad authority to investigate wro...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements