AL: Roadblock essentially as a show of force in violent neighborhood was constitutionally set up and operated

Roadblock in a “violent” area sustained where it was “for the purpose of checking driver’s license, insurance, seat belts, make sure there were no drunk drivers, that kind of thing.” It was apparently set up just to have a police presence in the area. Defendant was stopped, and one thing led to another and drugs were found. The roadblock passed constitutional muster for planning and operation. Woolen v. State, 2013 Ala. Crim. App. LEXIS 111 (December 20, 2013):

Before trial, Woolen made an oral motion to suppress the State’s evidence, alleging that the evidence was seized during an illegal search at a roadblock. Officer Joshua Osborne testified that, on August 20, 2011, he had been assigned to the South Precinct task force that was conducting a roadblock at the intersection of Kappa Avenue and Center Place South. Officer Osborne testified that the task force had been asked to go to that area to conduct a roadblock because of recent violence in the area. Officer Osborne stated that “[t]he roadblock itself was for the purpose of checking driver’s license, insurance, seat belts, make sure there were no drunk drivers, that kind of thing.” (R. 6.) Officer Osborne testified that the officers stopped every car that came through the roadblock and that the officers required proof of insurance and a license from every driver. The officers also checked every tag and registration.

On cross-examination, Officer Osborne explained that one sergeant and approximately six to eight officers participated in the roadblock. When defense counsel asked Officer Osborne whether the purpose of the roadblock was to prevent or deter violence, Officer Osborne stated that “there had just been — in the area is prone to some, you know, so occasionally we would be asked to do these roadblocks just as a visible deterrence, I suppose.” (R. 8.) Officer Osborne stated that, for safety precautions, the roadblock was performed in a well-lit area and that the officers had marked patrol cars with their emergency lights activated to make sure that anyone approaching knew that they were the police. Officer Osborne stated that all the officers were uniformed, were wearing reflective gear, and had flashlights. Officer Osborne testified that he did not have any written guidelines at the exact moment of the roadblock, but it was a verbal assignment and the sergeant supervisor was on the scene as required by their rules and regulations. Officer Osborne testified that there was a lieutenant available at one of the precincts.