Legal Opinion · Dissent

Baker v. State

Court of Appeals of Georgia

Decided December 3, 2001No. A01A1090Published

1DissentEldridge, Judge

Under City of Indianapolis v. Edmond11 {“Edmond”), a DUI check is a permissible purpose for a roadblock.12 Thus, Edmond’s “purpose inquiry” is inapplicable in this case. In fact, there is no constitutional issue in this case. Instead, this case involves purely an evidentiary issue. The majority concedes that the arresting officer on the scene testified that the purpose of the roadblock was “DUI checks” and that “his actions and the actions of the other officers on the scene were consistent with that purpose.” The majority concludes, however, that there must be evidence that a supervisor’s…

2Cases cited20 opinions

  1. United States v. Martinez-FuerteSupreme Court of the United States · 1976
  2. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  3. City of Indianapolis v. EdmondSupreme Court of the United States · 2000
  4. Ferguson v. City of CharlestonSupreme Court of the United States · 2001
  5. Burgeson v. StateSupreme Court of Georgia · 1996

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