Owens v. State
308 Ga. App. 374
| Ga. Ct. App. | 2011Background
- Owens was stopped at a Georgia roadblock and arrested for DUI under OCGA § 40-6-391(a)(5) following a bench trial.
- Owens moved to suppress roadblock evidence, contending the roadblock was unauthorized and effectively a roving patrol.
- The trial court found the roadblock was initiated, authorized, and supervised at the programmatic level by a supervisor, Sgt. Johnson.
- Evidence showed Johnson verbally initiated the roadblock, reported it by radio, and the roadblock was identified in an approval form without conflicting testimony.
- Two witnesses testified: the supervising officer and the officer who screened Owens; the findings supported a legitimate purpose and proper implementation.
- The court held Owens’ detention for a 20-minute wait and a second breath test did not constitute unlawful custody, and Miranda warnings were not required for the field sobriety tests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the roadblock was properly initiated at the programmatic level | Owens | Owens | Roadblock properly initiated and supervised at programmatic level |
| Whether the roadblock complied with required channeling and identification of purpose | Owens | Owens | Roadblock identified and implemented for legitimate purpose |
| Whether Owens’ detention after the stop violated Fourth Amendment or required Miranda | Owens | Owens | Brief detention was temporary and did not require Miranda; admissibility upheld |
| Whether the arresting officer had probable cause to arrest for DUI | Owens | Owens | Probable cause was not properly raised/considered; issue abandoned |
Key Cases Cited
- City of Indianapolis v. Edmond, 531 U.S. 32 (2000) (roadblocks: programmatic level checks with legitimate purpose)
- LaFontaine v. State, 269 Ga. 251 (1998) (roadblocks have limited intrusion and require proper implementation)
- Thomas v. State, 277 Ga.App. 88 (2005) (requires programmatic level justification for roadblocks)
- Jacobs v. State, 308 Ga.App. 117 (2011) (programmatic-level roadblock with legitimate primary purpose)
- Giacini v. State, 281 Ga.App. 426 (2006) (supervisory authority can authorize roadblocks even if not always at scene)