Commonwealth v. Pearson

By Judge Edward L. Hogshire

This is an appeal from a conviction in the Albemarle County General District Court for driving under the influence of alcohol, an activity proscribed by Virginia Code § 18.2-266. Defendant argues that the police roadblock was established and conducted in contravention of his Fourth Amendment rights and has filed a motion to suppress evidence gained therefrom. An ore terms hearing on the motion was held on May 28, 2004, wherein exhibits and testimony were admitted into evidence. Both parties have filed briefs relating to the motion. For the reasons set forth below,…