Pubdate: Fri, 19 Dec 2003
Source: Lexington Herald-Leader (KY)
Copyright: 2003 Lexington Herald-Leader
Contact:  http://www.kentucky.com/mld/heraldleader/
Details: http://www.mapinc.org/media/240
Author: Joe Biesk, Associated Press

GENERAL ROADBLOCK VIOLATED FOURTH AMENDMENT RIGHTS

FRANKFORT - A roadblock set up by Butler County sheriff's officers
looking for drugs or other crime was unconstitutional because its
search parameters were too general, the Kentucky Supreme Court ruled
yesterday.

The 4-3 decision upheld a lower court ruling that evidence collected
during the 1999 roadblock should be suppressed. The case involved
David Buchanon, who was arrested on drug and alcohol charges.

Buchanon pleaded guilty, then asked to have the evidence suppressed on
grounds his Fourth Amendment protection against unreasonable search
and seizure had been violated.

The state Court of Appeals declared the roadblock unconstitutional and
sent Buchanon's case back to Butler Circuit Court so he could change
his plea. The state appealed.

The Supreme Court cited a federal ruling that a roadblock in
Indianapolis was unconstitutional because it was aimed at finding
general criminal activity.

Writing for the majority, Justice Janet Stumbo wrote that allowing
roadblocks for general crime control "would leave law enforcement
authorities with the ability to construct roadblocks for nearly any
conceivable purpose, thus rendering the Fourth Amendment's protections
virtually nonexistent in this arena.

"We find this case to be particularly difficult. Ultimately, however,
we must err on the side of caution when dealing with the most
fundamental of those rights granted to our citizens to be free from
unreasonable searches and seizures."

Chief Justice Joseph Lambert and Justices William Cooper and Martin
Johnstone joined the ruling.

The court suggested ways to set constitutional roadblocks. It said
police supervisors and not field officers should set the time, place
and parameters of roadblocks. Officers should have a plan for deciding
which vehicles to stop and should treat motorists the same.

A dissenting opinion by Justice William Graves said the roadblock was
a legitimate way of monitoring highway safety. Justices James Keller
and Donald Wintersheimer joined him.
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MAP posted-by: Richard Lake