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Vaughn v. State

Police officer did not have to have articulable suspicion to inquire as to the defendant's name, identification and why he was at an apparently vacant house.

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After a bench trial, Billy Vaughn was convicted of driving under the influence pursuant to OCGA § 40-6-391 a 1, driving while his license was suspended, and violating the open container law. He appeals, arguing that the trial court erred by denying his motion to suppress and that the evidence was insufficient to convict for DUI and violating the open container law.1 For the following reasons, we reject Vaughn’s arguments and affirm. The evidence shows that on April 4, 1999, the Georgia State Patrol was conducting a road block in Spalding County. The officers were checking every vehicle for any kind of violation. Vaughn, who was driving a truck, approached the road check, where traffic was backed up for four or five cars. About fifty feet before the roadblock, Vaughn turned left into a driveway. Vaughn got out of his truck and began walking towards a house.

State Trooper Brown testified that, based on his experience, when a person turns off the road immediately before a roadblock, he usually suspects that the person is trying to avoid the roadcheck. Accordingly, Brown called to Vaughn, but Vaughn did not respond. Brown then walked through the yard towards Vaughn and saw that Vaughn was knocking on the door of a house, which appeared to be vacant.

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