Commonwealth v. Wheeler
558 S.W.3d 475
| Ky. Ct. App. | 2018Background
- On March 22, 2015 Paul Brady was stopped at a Kentucky State Police traffic checkpoint on I-71 and later arrested for DUI; Brady moved to suppress evidence obtained from the stop.
- Trooper Barrett Brewer testified the checkpoint was preapproved, operated from ~1:32 a.m. (authorized 1:30–3:30 a.m.) and was closed after Brady’s arrest; he and an Oldham County officer stopped every vehicle and wore safety vests with vehicle emergency lights activated.
- Trooper Brewer acknowledged no signs or cones warned motorists of the checkpoint and could not confirm a March 2015 media notice; the Commonwealth produced only a May 2015 media notice as representative evidence.
- Oldham District Judge Diane Wheeler granted Brady’s suppression motion, finding the checkpoint failed the Buchanon visibility factor because of lack of signs and no proof a media notice was issued, and suppressed evidence.
- The Commonwealth petitioned the Oldham Circuit Court for writs of prohibition and mandamus seeking reversal; the circuit court denied relief, finding Judge Wheeler’s factual findings supported by substantial evidence and her legal conclusion correct.
- Commonwealth appealed; the appellate court affirmed the circuit court, holding the lack of adequate notice rendered the checkpoint an unreasonable seizure under Kentucky precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court should grant writs to overturn suppression | Commonwealth: Judge Wheeler erred; checkpoint was adequately run and visible | Brady: District court acted within discretion; Commonwealth has alternative remedies inadequate | Denied — circuit court properly exercised discretion; appellate court affirms |
| Whether the checkpoint satisfied Buchanon factors (location/time/procedure) | Commonwealth: decisions were preapproved and procedures followed | Brady: Some supervisory details unclear but district court found substantial compliance | Held satisfied or not dispositive; minor concerns but not fatal |
| Whether officers complied with uniform procedures and stopped each vehicle uniformly | Commonwealth: every vehicle was stopped and asked same questions | Brady: KSP testimony supports uniformity but procedural proof had gaps | Held substantially complied with second Buchanon factor |
| Whether the checkpoint provided adequate notice/visibility to motorists | Commonwealth: lights and uniformed officers provided sufficient notice; media notice should be presumed | Brady: Lack of signs/cones and no proof of media notice made visibility inadequate | Held: Lack of signs and no evidence of a March media notice made visibility insufficient; third Buchanon factor failed; suppression proper |
Key Cases Cited
- Commonwealth v. Buchanon, 122 S.W.3d 565 (Ky. 2003) (sets four non‑exclusive factors for roadblock reasonableness)
- Commonwealth v. Cox, 491 S.W.3d 167 (Ky. 2015) (requires adequate notice/visibility; lights and uniforms alone insufficient)
- Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 (1990) (roadblocks are Fourth Amendment seizures assessed by reasonableness balancing)
- United States v. Martinez‑Fuerte, 428 U.S. 543 (1976) (checkpoint seizures permissible in certain contexts)
- Brown v. Texas, 443 U.S. 47 (1979) (reasonableness test weighing public interest against intrusion)