Commonwealth v. Buchanon

122 S.W.3d 565, 2003 WL 22971282
CourtKentucky Supreme Court
DecidedJanuary 12, 2004
Docket2001-SC-1056-DG
StatusPublished
Cited by12 cases

This text of 122 S.W.3d 565 (Commonwealth v. Buchanon) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Buchanon, 122 S.W.3d 565, 2003 WL 22971282 (Ky. 2004).

Opinions

STUMBO, Justice.

David Buchanon was arrested and entered a conditional plea of guilty to first-degree possession of a controlled substance, driving under the influence, possession of marijuana, and possession of drug paraphernalia after being stopped at a roadblock operated by the Butler County Sheriff’s Department at the intersection of Kentucky Highways 70 and 1117/369. Bu-chanon moved to suppress the evidence seized from his vehicle based on his claim [567]*567that the police roadblock was in violation of the Fourth Amendment. The trial court subsequently denied Buchanon’s motion to suppress; however, the Court of Appeals vacated the trial court’s judgment and remanded the case in order to allow Buchanon to withdraw his guilty plea. The Court of Appeals found that the roadblock was constitutionally impermissible under City of Indianapolis v. Edmond, 531 U.S. 32, 121 S.Ct. 447, 148 L.Ed.2d 333 (2000), and United States v. Huguenin, 154 F.3d 547 (1998). We accepted discretionary review and hereby affirm the opinion of the Court of Appeals.

On September 5, 1999, the Butler County Sheriffs Department set up and maintained a roadblock that stopped every car in both directions of Highway 70 west in Butler County. David Buchanon was driving to work in Muhlenburg County at approximately 6:30 p.m. when he approached the roadblock. The sheriffs department had placed a “spotter” several hundred yards before the roadblock who radioed ahead if a vehicle looked suspicious. As Buchanon’s vehicle approached, the spotter alerted deputies at the roadblock that there was a lot of abnormal movement coming from inside the vehicle. When Bu-chanon reached the roadblock Deputy Steve Morris approached the vehicle and asked to see Buchanon’s license and registration. Deputy Morris testified that there was a strong odor of cologne emanating from the vehicle, that Buchanon seemed “real nervous,” and that his face was red and his eyes were bloodshot. Deputy Morris testified that he believed Buchanon to be under the influence of drugs. Buchanon was asked to exit the vehicle and was given two field sobriety tests, which although appearing unstable, he ultimately passed. Deputy Morris then asked Buchanon for permission to search his vehicle but was refused. At this time, Deputy Morris summoned the dog trained to detect narcotics to the vehicle to conduct an exterior “sniff.” The dog subsequently alerted to the presence of narcotics inside Buchanon’s vehicle. The vehicle was then searched and the evidence that resulted in the above charges recovered.

The Commonwealth appeals the Court of Appeals’ ruling that the roadblock operated by the Butler County Sheriffs Department was in violation of the Fourth Amendment pursuant to Edmond and Huguenin, supra. Edmond is the United States Supreme Court’s most recent pronouncement on the constitutionality of suspicionless seizures occurring at highway checkpoints. In Edmond, the Supreme Court held an Indianapolis narcotics checkpoint program to be in contravention of the Fourth Amendment because its primary purpose was “to uncover evidence of ordinary criminal wrongdoing _” 531 U.S. at 42, 121 S.Ct. 447. To allow checkpoint programs that target such a general interest in 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. Id. In Edmond, the parties conceded that the primary purpose of the Indianapolis checkpoints was the interdiction of illegal narcotics; however, the government asserted that the program was justified by its secondary purposes of detecting drunken drivers and verifying licenses and registrations. Id. at 46, 121 S.Ct. 447. The Court responded that “[i]f this were the case, however, law enforcement authorities would be able to establish checkpoints for virtually any purpose so long as they also included a license or sobriety check.” Id. The Court indicated that it would now be necessary for courts to examine the evidence to determine [568]*568whether the actual primary purpose of the checkpoint is lawful, regardless of the government’s ostensible or secondary purposes. Id. The Court, in a footnote, specifically reserved the question of whether a checkpoint with the primary purpose of checking licenses and registrations or driver sobriety and a secondary purpose of interdicting illegal narcotics would pass constitutional muster1. Id. at 47 n. 2, 121 S.Ct. 447.

It is well established that a highway stop of motorists at a government-operated checkpoint effectuates a seizure for Fourth Amendment purposes. Michigan Dept. of State Police v. Sitz, 496 U.S. 444, 450, 110 S.Ct. 2481, 2485, 110 L.Ed.2d 412, 420 (1990); United States v. Martinez-Fuerte, 428 U.S. 543, 556, 96 S.Ct. 3074, 3082, 49 L.Ed.2d 1116, 1128 (1976). In order to pass constitutional muster, the seizure must be deemed reasonable, which requires “a weighing of the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty.” Brown v. Texas, 443 U.S. 47, 50-51, 99 S.Ct. 2637, 2640, 61 L.Ed.2d 357, 362 (1979). The Fourth Amendment requires that generally, in order to be reasonable, all searches and seizures must be accompanied by an individualized suspicion of wrongdoing. Chandler v. Miller, 520 U.S. 305, 308, 117 S.Ct. 1295, 137 L.Ed.2d 513 (1997). The United States Supreme Court has recognized certain situations, however, where individualized suspicion is not required in order for the brief seizure of motorists to be reasonable.

In Martinez-Fuerte, supra, the Supreme Court upheld the constitutionality of a fixed Border Patrol checkpoint with the primary purpose of intercepting illegal aliens. The Court focused on the significant government interest in patrolling the U.S. border and determined that it outweighed the minimal intrusion upon motorists briefly detained at the checkpoints. Id. at 561, 96 S.Ct. 3074.

In Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979), the Supreme Court held that random spot checks of motorists to determine if they held valid driver’s licenses and registrations were invalid under the Fourth Amendment without some individualized suspicion of wrongdoing. Id. at 663, 99 S.Ct. 1391. The Court found that the intrusion upon lawful motorists was too great to justify a policy of randomly stopping vehicles to check compliance with licensure and registration laws. The stops were likened to the roving-patrol stops by Border Patrol agents held to be unconstitutional in United States v. Brignoni-Ponce, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975).

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Bluebook (online)
122 S.W.3d 565, 2003 WL 22971282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-buchanon-ky-2004.