Commonwealth v. Cox, 491 S.W.3d 167

Background

Billy Cox stopped at a Kentucky State Police DUI roadblock; trooper observed seatbelt violation, smelled alcohol, noted glassy eyes and slurred speech; Cox failed three field sobriety tests and was arrested for DUI.
Roadblock had been operating ~1 hour; approval from a supervisor was obtained moments before setup; the officer in charge arrived ~20 minutes after the checkpoint began.
No media announcements or advance warning signs were posted; emergency lights on patrol cars were used and officers wore uniforms, though one arresting trooper lacked a safety vest.
Cox was convicted in district court of second-offense DUI, seatbelt violation, and open container; conviction affirmed by circuit court, reversed by Court of Appeals as based on unlawfully obtained evidence.
Commonwealth sought discretionary review; Kentucky Supreme Court affirmed the Court of Appeals, holding the checkpoint implementation failed to meet constitutional safeguards (per Commonwealth v. Buchanon guidance).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the KSP roadblock was a reasonable suspicionless seizure under the Fourth Amendment and Ky. Const. §10	Cox: checkpoint was unconstitutionally implemented — procedures lacked adequate supervision, notice, and safeguards per Buchanon	Commonwealth: roadblock served DUI-removal purpose; officers stopped every vehicle, obtained supervisory approval and used marked cars/lights, so seizure was reasonable	Court: checkpoint implementation failed Buchanon safeguards (notably inadequate advance notice and supervision); seizure unconstitutional; conviction overturned
Whether lack of advance warning signs and media notice renders a checkpoint unreasonable	Cox: absence of signs/media deprived motorists of notice and increased risk of unfettered discretion	Commonwealth: use of emergency lights and uniforms provided sufficient notice; stopping every car limited discretion	Court: emergency lights/uniforms insufficient; advance notice (warning signs/etc.) is required to limit intrusion and enable meaningful choice — factor weighs against constitutionality
Whether briefness of Cox’s individual stop cured procedural defects in checkpoint setup	Commonwealth: Cox’s individual stop was brief and reasonably limited to cursory checks, so his arrest was valid	Cox: systemic procedural defects taint evidence despite brevity of his stop	Court: Cox’s individual encounter was not impermissibly prolonged, but systemic failures in checkpoint implementation rendered the seizure unreasonable
Whether supervisory approval given shortly before or after setup satisfied Buchanon’s command-and-control requirement	Commonwealth: approval from superior officer and pre-approved site selection show supervisory oversight	Cox: approval was cursory and site operation began almost immediately; officer in charge arrived late, undermining meaningful supervision	Court: supervisory approval existed but was ambiguous and likely cursory; inadequate supervision contributed to unconstitutional implementation

Key Cases Cited

Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (U.S. 1990) (upholding sobriety checkpoints when properly operated and balancing public safety against minimal intrusion)
City of Indianapolis v. Edmond, 531 U.S. 32 (U.S. 2000) (checkpoint programs must have a primary purpose other than general crime control)
United States v. Martinez-Fuerte, 428 U.S. 543 (U.S. 1976) (upholding immigration checkpoints and stressing regularized, supervised operations)
Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishing standard for investigative stops based on reasonable, articulable suspicion)
Brown v. Texas, 443 U.S. 47 (U.S. 1979) (seizures require individualized suspicion absent special circumstances)
Commonwealth v. Buchanon, 122 S.W.3d 565 (Ky. 2003) (establishing Kentucky guidelines for constitutionally permissible roadblocks)
Bauder v. Commonwealth, 299 S.W.3d 588 (Ky. 2009) (addressing suspicion arising from avoidance of a checkpoint)