Smith v. State

McMurray, Presiding Judge.

This case involves a violation of the Georgia Controlled Substances Act (possession of marijuana). On April 14, 1978, officers of the Georgia State Patrol, in an attempt to apprehend a fugitive, were operating a checkpoint on Interstate Highway 75 in Gordon County. The description given out on the fugitive was that of a black man of gigantic proportions who would stand out in any crowd. The alleged fugitive was a suspect in the murder of a deputy sheriff in another county.

Within a short time after receiving the radio lookout, one of the officers spotted a passing…