The State appeals from the trial court’s grant of Douglas Wayne Brown’s motion to suppress evidence obtained as a result of a roadblock. For the following reasons, we reverse. “When reviewing a ruling on a motion to suppress, if the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, we do not defer to the trial court’s legal analysis or its application of law to undisputed facts. Rulings involving solely legal issues are reviewed de novo.” Citations and punctuation omitted. State v. Dymond , 248 Ga. App. 582, 584 1 546 SE2d 69 2001. The trial court here found the following facts: On April 9, 2010, the Defendant was arrested by officers of the Cobb County Police Department, charged with various offenses, and ultimately indicted for VGCSA, DUI, two counts of Obstruction of an Officer and attempted removal of a weapon from a Peace Officer. . . . . A few days prior to that date, although no evidence of the exact date was presented, Captain Charles Cox of the Cobb County Police Department, who was precinct commander of Zone 4 in Cobb County, sent an email to all precinct 4 officers in response to a “citizens traffic complaint” he had received. The complaint referenced speeding, racing and littering on Groover Road. Captain Cox’s email instructed all precinct 4 officers to handle the complaint. No further instructions were given. . . . . On April 9, 2010, Sgt. Marchetta of the Cobb County Police Department made a decision in response to the e-mail sent by Captain Cox several days earlier, to set up a traffic safety check point, or roadblock. He testified that he did this acting as the supervisor implementing the checkpoint. . . . . Only two officers participated in the checkpoint, Sgt. Marchetta and Officer David Smith.
. . . . The Officers activated their blue lights, wore vests and marked the checkpoint with cones. Every car was to be stopped for purposes of enhancing roadway safety. Both Sgt. Marchetta and Officer Smith were acting as screeners of drivers. . . . . The Defendant approached the roadblock at approximately 7:05 p.m. Officer Smith, acting as a screener, made the initial contact after directing Defendant to stop his vehicle. Officer Smith smelled marijuana coming from the car, and observed a large folding knife clipped to Defendant’s pants. Defendant was removed from the vehicle and immediately became combative with both officers. Considerable effort from both officers was necessary to restrain him, and put him on the ground. Defendant was arrested and charged with various offenses, including possession of marijuana, which was found following a subsequent search of the vehicle. In granting Brown’s motion to suppress, the trial court found that although Sergeant Marchetta was authorized to implement a checkpoint as a supervisor, no evidence was presented that the roadblock was planned in advance to occur at a specific time. In conjunction with this finding, the court concluded that Marchetta made the decision while acting as an officer in the field. The court found further that the roadblock was not sufficiently manned because Sergeant Marchetta “should not act as a screening officer, the investigating officer and the chase-vehicle officer.”
