Pubdate: Sat, 08 Dec 2001
Source: Courier-Journal, The (KY)
Copyright: 2001 The Courier-Journal
Contact:  http://www.courier-journal.com/
Details: http://www.mapinc.org/media/97
Author: Mark R Chellgren, AP

APPEALS COURT FAULTS ROADBLOCK SEARCH IN BUTLER

Guilty Plea In Drug Case Thrown Out

FRANKFORT, Ky. -- The Kentucky Court of Appeals yesterday threw out a 
guilty plea in a drug case because the evidence came from an 
unconstitutional roadblock put up by the Butler County sheriff.

A unanimous three-judge panel of the court said the sheriff's office used 
the pretense of a roadblock set up to detect traffic and drunkendriving 
cases to actually search for drugs. Judge Joseph Huddleston said traffic 
roadblocks must be narrowly focused so they do not infringe on people's 
rights to avoid improper searches. "Key . . . is whether there are adequate 
limits on the discretion of the individual officers conducting the 
roadblock," Huddleston said.

David Buchanon was driving from Muhlenberg County to Butler County in the 
early evening of Sept. 5, 1999, when he came upon the roadblock along Ky. 
70. A deputy sheriff testified that Buchanon appeared to act nervously, had 
bloodshot eyes, and the vehicle had a strong smell of cologne.

The officer had Buchanon take two field sobriety tests that he did not 
fail. Nevertheless, the deputy asked permission to search the vehicle, 
which Buchanon denied. The deputy then asked another officer to have the 
department's drug-detection dog sniff the vehicle. When the dog noticed 
something on the passenger door, deputies searched the vehicle and found 
marijuana, methamphetamines and drug paraphernalia.

Buchanon pleaded guilty on the condition he would also challenge the 
search. The appeals court said the search was improper and ordered that 
Buchanon be allowed to withdraw his guilty plea.

Huddleston said the U.S. Supreme Court has ruled that, while roadblocks for 
detecting drunken drivers and traffic law enforcement are permissible, 
roadblocks for general crime control or to search for illegal drugs are not 
allowed.

Huddleston said the Butler County sheriff's roadblock was a 
"self-proclaimed 'drug-DUI' " roadblock. The only other citation or arrest 
at the roadblock was for possession of marijuana. Huddleston said it was 
also noteworthy that the roadblock took place in the afternoon, presumably 
before increased drunken-driving traffic might occur. When there is no 
other probable cause to stop a vehicle, the roadblocks are improper 
"because of the severity of interference with individual liberty," 
Huddleston said.
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