The State appeals from the trial court’s order granting Carrie Garfield Morgan’s motion to suppress in this case in which Morgan was charged with trafficking marijuana. The trial court found that the roadblock at which Morgan was stopped was not approved by a supervisor for the date and time that it actually occurred. Sergeant Kirk Hartwell of the Interstate Criminal Enforcement Unit ICE, whose function, according to Hartwell, is to “look for any criminal activity on I-16,” testified about the decision to implement the roadblock. Although he stated that he holds a supervisory position and that it was his decision to implement the roadblock, the roadblock was approved in writing by his supervisor, Major Carson Knight. Hartwell testified that he made the decision about when and where to have the roadblock. He also testified that the purpose of the roadblock was “a license/DUI checkpoint.” But he went on to explain that the decision to implement the roadblock was based on broader concerns: “We’ve just had an influx of drug cases, me and the guys that we work with, and we just thought that . . . , and the DUI, we’ve had a lot of DUI’s during that time frame . . .” He elaborated, “our job is any criminal activity on the interstate and drugs are prevalent. I mean, there’s a lot of drugs out there; there’s a lot of DUI’s out there, you know, so any criminal activity that’s what we’re out there for.” Emphasis supplied. He testified that there was no particular reason that they selected the day of the roadblock but that the roadblock was authorized for two days.
The signed authorization, however, is inconsistent with Hartwell’s testimony. First and foremost, the authorization indicates that the roadblock would occur on only one day, April 19, 2002, from 3:00 p. m. to midnight. Second, it indicates that the “objective” for the roadblock was more than license checks and, in fact, was much more consistent with Hartwell’s testimony that the purpose was to identify any criminal activity: Interstate Criminal Enforcement Unit ICE shall conduct License Checks/Road Blocks in an effort to assist with public safety, enforce the law, and to promote order, peace, and dignity in Laurens County, Georgia. During the course of the License Checks/Road Blocks officers from the ICE unit shall be on alert for illegal activity. Finally, Major Knight is identified on the authorization as “Implementing Traffic Supervisor for Road Block/License Check.”
