Johnson v. State, 320 Ga. App. 231

Johnson was charged with DUI and moved to suppress evidence; the motion was denied.
A stipulated bench trial resulted in a guilty finding for DUI and a 12-month sentence with 10 days in jail as a second offense.
On appeal, Johnson challenged the denial of the suppression motion.
The appellate court upheld the suppression ruling, affirming the roadblock legality, the warrant affidavit’s probable cause, and the blood seizure.
Judgment of conviction was affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the roadblock constitutionally implemented?	Johnson argues the roadblock allowed unfettered field discretion.	State shows supervisor-initiated roadblock for a legitimate purpose.	Roadblock upheld as legal.
Did the warrant affidavit establish probable cause for the blood draw?	Affidavit lacked probable cause.	Affidavit provided strong indicia of DUI; probable cause existed.	Probable cause established.
Was the seizure of blood lawful despite overbreadth concerns?	Warrant could have authorized an overly broad seizure.	Actual seizure limited to two vials for BAC testing.	Seizure lawful; overbreadth not shown to cause harm.

Gonzalez v. State, 289 Ga. App. 549 (Ga. App. 2008) (roadblock supervisory authority and legality of checkpoint)
LaFontaine v. State, 269 Ga. 251 (Ga. 1998) (checkpoints must be properly authorized and supervised)
Thomas v. State, 277 Ga. App. 88 (Ga. App. 2005) (spur-of-the-moment checkpoint without authorization is impermissible)
Bennett v. State, 283 Ga. App. 581 (Ga. App. 2007) (supervisor authority supports roadblock legality)
Owens v. State, 308 Ga. App. 374 (Ga. App. 2011) (checkpoint legality under supervisory control)
Jones v. State, 313 Ga. App. 590 (Ga. App. 2012) (overbreadth of search warrant not fatal if actual seizure proper)
Blankenship v. State, 301 Ga. App. 602 (Ga. App. 2009) (probable cause based on strong odor, admissions, and field tests)