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Blakely v. State

A police officer had reasonable suspicion to make a traffic stop even though the driver did not commit any traffic offense because the officer believed the driver deliberately avoided a checkpoint.

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Michael Bernard Blakely was charged with possession of cocaine,1 two counts of obstruction of a law enforcement officer,2 and driving under the influence of alcohol to the extent that it was less safe “DUI”.3 Blakely filed a motion to suppress, arguing that the police did not have probable cause to effect a traffic stop, and the trial court denied the motion following a hearing. At the conclusion of the bench trial, the trial court found Blakely guilty of possession of cocaine and two counts of obstruction, but found him not guilty of DUI. Blakely appeals the denial of his motion for new trial, arguing that the trial court erred by denying his motion to suppress. We affirm, for the reasons that follow.

When the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court’s application of the law to the undisputed facts. To the extent an issue concerns a mixed question of fact and law, we accept the trial court’s findings on disputed facts and witness credibility unless they are clearly erroneous, but independently apply the law to the facts.4

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