The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Renee Marie Armentroutv.The State

CourtCourt of Appeals of Georgia
Docket No.A15A0093
DecidedMay 15, 2015
JudgesCourt of Appeals of Georgia, Third Division; Presiding Judge Ellington and Judges Dillard and McFadden; Judge Dillard authored the opinion
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureTraffic StopMotion to SuppressStatutory Interpretation
Case Summary

Johns Creek police stopped Renee Armentrout at a sobriety checkpoint and arrested her on suspicion of driving under the influence. After field tests indicated impairment, she agreed to a blood test that showed an unlawful alcohol level. The State charged her with DUI less safe and DUI per se. Armentrout sought to suppress evidence from the stop and to exclude the blood-test result, arguing that the checkpoint was unconstitutional and the officer had misread the implied-consent notice. The trial court denied both requests and found her guilty after a stipulated bench trial. The Court of Appeals reversed because the State had not shown that the police department’s checkpoint program had a focused primary purpose beyond general crime control. The State had evidence that supervisors approved this particular checkpoint and that it met the operational safeguards required by Georgia law. But it offered no evidence about the department’s broader checkpoint policy, and the purpose stated for this one event did not establish the program’s primary purpose. The court therefore reversed the suppression ruling and left the implied-consent challenge undecided.

Opinion

Loading published copy…

The Far Side