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State v. Ayers

A roadblock which is set up to enforce Georgia laws in general is unconstitutional.

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The State of Georgia appeals from the trial court’s order granting Maranda Ayers’s motion in limine to suppress evidence gathered after Ayers was stopped at a roadblock. The trial court found that the roadblock’s purpose was general law enforcement, which is constitutionally impermissible. We agree and affirm.

“When reviewing a trial court’s decision on a motion to suppress, this court’s responsibility is to ensure that a substantial basis existed for the decision. Evidence is construed most favorably to uphold the findings and judgment, and the trial court’s findings on disputed facts and credibility of the witnesses are adopted unless they are clearly erroneous. Further, because the trial court is the trier of fact, its findings are analogous to a jury verdict and will not be disturbed if any evidence supports them.” Hayes v. State, 249 Ga. App. 857, 863 549 SE2d 813 2001.

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