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Fischer v. State

The arresting officer's participation in a marked, secondary roadblock positioned 20 yards from the primary roadblock, did not negate the lawfulness of the roadblock.

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Following a bench trial in the State Court of Clayton County to which the facts were stipulated, Chad Orlando Fischer was found guilty of driving under the influence of alcohol, which charge arose when Fischer was stopped on Talmadge Road immediately off Tara Boulevard in Jonesboro as a part of a “zero tolerance” roadblock. He appeals, claiming solely that the trial court erred in denying his motion to suppress the results of his breath test, because the officer that stopped him was not a legitimate part of the otherwise lawful roadblock.1 As facts of record support the trial court’s contrary conclusion, we affirm. In this case, the officer who stopped Fischer, Corporal D. Hocott, testified at the hearing on the motion to suppress. He stated that at approximately 1:00 a.m. on April 30, 2001, he was manning a secondary roadblock on Talmadge Road, twenty yards away from the primary roadblock on Tara Boulevard. Hocott testified that his position was clearly marked with flashing lights from his marked police car and that he “checked them coming both ways out of Talmadge. Not just the ones turning off into Talmadge but ones coming out of Talmadge also.” The officer further testified that he was posted in his position on Talmadge Road by his lieutenant, who was manning the primary roadblock that evening. Hocott testified that he was “part of the law enforcement crew that went out to run this road check.” He testified that Fischer was stopped as part of the roadblock on Talmadge Road. He also testified that he is POST certified.

These facts are sufficient for the trier of fact to have found that Corporal Hocott was a legitimate part of a lawful roadblock.2 The fact that Hocott was manning a secondary position twenty yards from the primary roadblock does not negate the lawfulness of the roadblock.3

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