James Yingst was found guilty of driving under the influence of alcohol “DUI”. On appeal, he argues that the trial court erred in finding that the roadblock at which he was stopped was constitutional and in denying his motion to suppress. Finding no error, we affirm. In an appeal from the denial of a motion to suppress, we conduct a de novo review of the trial court’s application of the law to the facts.1 If, however, “the outcome of a motion to suppress depends on the credibility of the witnesses or on disputed facts, and the trial court has not committed an error of law, the court’s ruling will not be disturbed on appeal.”2 Yingst stipulated that he was stopped at a roadblock in Henry County on December 24, 2005 and, after performing field sobriety tests, he was arrested for DUI. He filed a motion to suppress challenging the legality of the roadblock, which was heard on July 25, 2006. At this hearing, the State did not call Lieutenant Ferguson, the officer who authorized the roadblock, as a witness, but instead relied on testimony by another officer with supervisory authority who was present for but had not organized the roadblock. The trial court granted Yingst’s motion to suppress, but subsequently allowed the State to reopen the evidence and held another hearing on October 17, 2006.
At the October 17 hearing, Major Mathis of the Henry County Police Department testified about the roadblock at which Yingst was stopped. Major Mathis stated that the roadblock was part of the “Zero Tolerance” campaign put on by the Department of Highway Safety throughout the state in December 2005. Major Mathis confirmed that he was Lieutenant Ferguson’s direct supervisor and had authorized him to set up roadblocks.3 The trial court admitted into evidence a certified copy of a document entitled “Henry County Police Department Roadblock & Safety Checkpoint Record” dated December 24, 2005, which had been signed by both Lieutenant Ferguson and Major Mathis. Major Mathis indicated that this was a form document routinely submitted when a roadblock took place. It stated the date, time, and location of the roadblock, and indicated that the decision to execute the roadblock was made by Lieutenant Ferguson and that its purpose was “OZT.” Major Mathis testified that “OZT” meant the “Zero Tolerance” campaign, during which license and safety checks would be conducted at roadblocks. Following the second hearing, the trial court denied Yingst’s motion to suppress, finding sufficient evidence that the roadblock was implemented by a supervisor authorized to do so for a valid purpose.
