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State v. Conner

The Court of Appeals rejected the contention that the roadblock at issue had to be identified by signs or cones in reversing the trial court's ruling that the roadblock was not "well-identified as a police checkpoint".

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Jason Conner was stopped at a police roadblock and arrested for driving under the influence of alcohol. Conner thereafter moved to suppress evidence obtained as a result of the traffic stop, arguing that the roadblock was unlawful. The trial court granted Conner’s motion, finding that the roadblock was indeed unlawful because it was not “well-identified as a police checkpoint.” The State now appeals, arguing, inter alia, that the trial court erred in ruling that the roadblock was not well-identified. For the reasons set forth infra, we agree and reverse.

Viewed in the light most favorable to the trial court’s findings and judgment,1 the evidence shows that around 1:00 a.m. on October 28, 2012, Cobb County Police Officers implemented a traffic-safety checkpoint on Shiloh Road for the purpose of examining driver’s licenses, confirming compliance with seat-belt laws, and checking proof of insurance, as well as checking for other violations. The roadblock was positioned on the street between a business park and parking lot, and consisted of six patrol vehicles with flashing blue lights. Approximately ten officers wearing reflective safety vests and carrying flashlights manned the roadblock, with some assigned to ensuring that approaching motorists slowed down and others assigned to screening the motorists as they were stopped. Shortly after 3:00 a.m., Conner was stopped at the roadblock, and one of the screening officers asked to see his license. As Conner complied, the screening officer smelled an alcoholic-beverage odor on Conner’s breath. Consequently, Conner was arrested on suspicion of driving under the influence of alcohol.

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