Legal Requirements for a Road Check in Georgia

I am not looking to get into a debate concerning road checks, roadblocks, check points, or whatever you want to call them.  That is not the purpose of this posting.  The purpose of the post is simply to provide the information as it was requested.

To download and read an article from the  Prosecuting Attorney’s Council of Georgia on the topic: click here.  The article goes over the history of the Georgia court’s rulings in this area as well as two recent case that expanded upon the requirements.  I’m not going to rehash all of it since it is readily available.

The short version is that here are the seven requirements handed down by the Georgia courts to consider a roadblock legal are:

1.  The roadblock was implemented pursuant to a checkpoint program that has, when viewed at the programmatic level, an appropriate primary purpose other than general crime control;

2.  The decision to implement the specific roadblock in question was made by a supervisor in advance, and not by an officer in the field;

3.  All vehicles that passed through the roadblock were stopped, rather than random vehicle stops;

4.  The delay to motorists was minimal;

5.  The roadblock was well-identified as a police checkpoint;

6.   The screening officers staffing the roadblock possessed sufficient training and experience to qualify them to make an initial determination as to which motorists should be subjected to field sobriety testing; and

7.  Under the totality of the circumstances, the stop of the defendant was reasonable under the Fourth Amendment.

Again, I am not looking to get into a debate concerning roadblocks.

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