Presentation at the DUI Super Symposium in Atlanta, GA on August 28, 2013 by Parker McFarland, a DUI defense attorney with the law office of McFarland & McFarland, P.C.
Contact our office for a free DUI case evaluation.
McFarland & McFarland, P.C.
309 Pirkle Ferry Road, Suite B-400
Cumming, Georgia 30040
(770) 889-2522
www.mcfarlandmcfarland.com
Indian penal code and code of criminal proceduresRavish Yadav
the all the content in this profile is completed by the teachers, students as well as other health care peoples.
thank you, all the respected peoples, for giving the information to complete this presentation.
this information is free to use by anyone.
Hear from a former law enforcement official as he discusses and reports on results from a member-wide survey of transportation companies on their permitting hurdles and challenges city-to-city and state-to-state. He’ll also touch on inefficiencies and/or lack of knowledge with regard to enforcement and share his solutions.
Speaker: Geoffrey B. Davis, Jr., Chief Executive Officer, Unified Logistics Holdings LLC
Indian penal code and code of criminal proceduresRavish Yadav
the all the content in this profile is completed by the teachers, students as well as other health care peoples.
thank you, all the respected peoples, for giving the information to complete this presentation.
this information is free to use by anyone.
Hear from a former law enforcement official as he discusses and reports on results from a member-wide survey of transportation companies on their permitting hurdles and challenges city-to-city and state-to-state. He’ll also touch on inefficiencies and/or lack of knowledge with regard to enforcement and share his solutions.
Speaker: Geoffrey B. Davis, Jr., Chief Executive Officer, Unified Logistics Holdings LLC
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
Product Design Trends in 2024 | Teenage EngineeringsPixeldarts
The realm of product design is a constantly changing environment where technology and style intersect. Every year introduces fresh challenges and exciting trends that mold the future of this captivating art form. In this piece, we delve into the significant trends set to influence the look and functionality of product design in the year 2024.
How Race, Age and Gender Shape Attitudes Towards Mental HealthThinkNow
Mental health has been in the news quite a bit lately. Dozens of U.S. states are currently suing Meta for contributing to the youth mental health crisis by inserting addictive features into their products, while the U.S. Surgeon General is touring the nation to bring awareness to the growing epidemic of loneliness and isolation. The country has endured periods of low national morale, such as in the 1970s when high inflation and the energy crisis worsened public sentiment following the Vietnam War. The current mood, however, feels different. Gallup recently reported that national mental health is at an all-time low, with few bright spots to lift spirits.
To better understand how Americans are feeling and their attitudes towards mental health in general, ThinkNow conducted a nationally representative quantitative survey of 1,500 respondents and found some interesting differences among ethnic, age and gender groups.
Technology
For example, 52% agree that technology and social media have a negative impact on mental health, but when broken out by race, 61% of Whites felt technology had a negative effect, and only 48% of Hispanics thought it did.
While technology has helped us keep in touch with friends and family in faraway places, it appears to have degraded our ability to connect in person. Staying connected online is a double-edged sword since the same news feed that brings us pictures of the grandkids and fluffy kittens also feeds us news about the wars in Israel and Ukraine, the dysfunction in Washington, the latest mass shooting and the climate crisis.
Hispanics may have a built-in defense against the isolation technology breeds, owing to their large, multigenerational households, strong social support systems, and tendency to use social media to stay connected with relatives abroad.
Age and Gender
When asked how individuals rate their mental health, men rate it higher than women by 11 percentage points, and Baby Boomers rank it highest at 83%, saying it’s good or excellent vs. 57% of Gen Z saying the same.
Gen Z spends the most amount of time on social media, so the notion that social media negatively affects mental health appears to be correlated. Unfortunately, Gen Z is also the generation that’s least comfortable discussing mental health concerns with healthcare professionals. Only 40% of them state they’re comfortable discussing their issues with a professional compared to 60% of Millennials and 65% of Boomers.
Race Affects Attitudes
As seen in previous research conducted by ThinkNow, Asian Americans lag other groups when it comes to awareness of mental health issues. Twenty-four percent of Asian Americans believe that having a mental health issue is a sign of weakness compared to the 16% average for all groups. Asians are also considerably less likely to be aware of mental health services in their communities (42% vs. 55%) and most likely to seek out information on social media (51% vs. 35%).
AI Trends in Creative Operations 2024 by Artwork Flow.pdfmarketingartwork
This article is all about what AI trends will emerge in the field of creative operations in 2024. All the marketers and brand builders should be aware of these trends for their further use and save themselves some time!
A report by thenetworkone and Kurio.
The contributing experts and agencies are (in an alphabetical order): Sylwia Rytel, Social Media Supervisor, 180heartbeats + JUNG v MATT (PL), Sharlene Jenner, Vice President - Director of Engagement Strategy, Abelson Taylor (USA), Alex Casanovas, Digital Director, Atrevia (ES), Dora Beilin, Senior Social Strategist, Barrett Hoffher (USA), Min Seo, Campaign Director, Brand New Agency (KR), Deshé M. Gully, Associate Strategist, Day One Agency (USA), Francesca Trevisan, Strategist, Different (IT), Trevor Crossman, CX and Digital Transformation Director; Olivia Hussey, Strategic Planner; Simi Srinarula, Social Media Manager, The Hallway (AUS), James Hebbert, Managing Director, Hylink (CN / UK), Mundy Álvarez, Planning Director; Pedro Rojas, Social Media Manager; Pancho González, CCO, Inbrax (CH), Oana Oprea, Head of Digital Planning, Jam Session Agency (RO), Amy Bottrill, Social Account Director, Launch (UK), Gaby Arriaga, Founder, Leonardo1452 (MX), Shantesh S Row, Creative Director, Liwa (UAE), Rajesh Mehta, Chief Strategy Officer; Dhruv Gaur, Digital Planning Lead; Leonie Mergulhao, Account Supervisor - Social Media & PR, Medulla (IN), Aurelija Plioplytė, Head of Digital & Social, Not Perfect (LI), Daiana Khaidargaliyeva, Account Manager, Osaka Labs (UK / USA), Stefanie Söhnchen, Vice President Digital, PIABO Communications (DE), Elisabeth Winiartati, Managing Consultant, Head of Global Integrated Communications; Lydia Aprina, Account Manager, Integrated Marketing and Communications; Nita Prabowo, Account Manager, Integrated Marketing and Communications; Okhi, Web Developer, PNTR Group (ID), Kei Obusan, Insights Director; Daffi Ranandi, Insights Manager, Radarr (SG), Gautam Reghunath, Co-founder & CEO, Talented (IN), Donagh Humphreys, Head of Social and Digital Innovation, THINKHOUSE (IRE), Sarah Yim, Strategy Director, Zulu Alpha Kilo (CA).
Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal
The search marketing landscape is evolving rapidly with new technologies, and professionals, like you, rely on innovative paid search strategies to meet changing demands.
It’s important that you’re ready to implement new strategies in 2024.
Check this out and learn the top trends in paid search advertising that are expected to gain traction, so you can drive higher ROI more efficiently in 2024.
You’ll learn:
- The latest trends in AI and automation, and what this means for an evolving paid search ecosystem.
- New developments in privacy and data regulation.
- Emerging ad formats that are expected to make an impact next year.
Watch Sreekant Lanka from iQuanti and Irina Klein from OneMain Financial as they dive into the future of paid search and explore the trends, strategies, and technologies that will shape the search marketing landscape.
If you’re looking to assess your paid search strategy and design an industry-aligned plan for 2024, then this webinar is for you.
5 Public speaking tips from TED - Visualized summarySpeakerHub
From their humble beginnings in 1984, TED has grown into the world’s most powerful amplifier for speakers and thought-leaders to share their ideas. They have over 2,400 filmed talks (not including the 30,000+ TEDx videos) freely available online, and have hosted over 17,500 events around the world.
With over one billion views in a year, it’s no wonder that so many speakers are looking to TED for ideas on how to share their message more effectively.
The article “5 Public-Speaking Tips TED Gives Its Speakers”, by Carmine Gallo for Forbes, gives speakers five practical ways to connect with their audience, and effectively share their ideas on stage.
Whether you are gearing up to get on a TED stage yourself, or just want to master the skills that so many of their speakers possess, these tips and quotes from Chris Anderson, the TED Talks Curator, will encourage you to make the most impactful impression on your audience.
See the full article and more summaries like this on SpeakerHub here: https://speakerhub.com/blog/5-presentation-tips-ted-gives-its-speakers
See the original article on Forbes here:
http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/carminegallo/2016/05/06/5-public-speaking-tips-ted-gives-its-speakers/&refURL=&referrer=#5c07a8221d9b
ChatGPT and the Future of Work - Clark Boyd Clark Boyd
Everyone is in agreement that ChatGPT (and other generative AI tools) will shape the future of work. Yet there is little consensus on exactly how, when, and to what extent this technology will change our world.
Businesses that extract maximum value from ChatGPT will use it as a collaborative tool for everything from brainstorming to technical maintenance.
For individuals, now is the time to pinpoint the skills the future professional will need to thrive in the AI age.
Check out this presentation to understand what ChatGPT is, how it will shape the future of work, and how you can prepare to take advantage.
A brief introduction to DataScience with explaining of the concepts, algorithms, machine learning, supervised and unsupervised learning, clustering, statistics, data preprocessing, real-world applications etc.
It's part of a Data Science Corner Campaign where I will be discussing the fundamentals of DataScience, AIML, Statistics etc.
Time Management & Productivity - Best PracticesVit Horky
Here's my presentation on by proven best practices how to manage your work time effectively and how to improve your productivity. It includes practical tips and how to use tools such as Slack, Google Apps, Hubspot, Google Calendar, Gmail and others.
The six step guide to practical project managementMindGenius
The six step guide to practical project management
If you think managing projects is too difficult, think again.
We’ve stripped back project management processes to the
basics – to make it quicker and easier, without sacrificing
the vital ingredients for success.
“If you’re looking for some real-world guidance, then The Six Step Guide to Practical Project Management will help.”
Dr Andrew Makar, Tactical Project Management
2. Starting on First Base
• Motion Granted = Case dismissed
• Motion Denied = No evidence of bad driving
• Driving
• Under
• Influence
3. Significance of No Bad Driving
• NHTSA DWI Detection and Standardized Field
Sobriety Testing Manual identifies only THREE
phases of DUI Detection:
– Vehicle in Motion
– Personal Contact
– Pre-Arrest Screening
– Argue evidence in only 2 of 3 phases =
REASONABLE DOUBT
4. How Did We Get Here?
• U.S. v. Martinez-Fuerte, 428 U.S. 543 (1976)
• (suspicionless stops allowed for purpose of
deterring illegal immigration at border)
• To require that such stops always be based on
reasonable suspicion would be impractical
because the flow of traffic tends to be too
heavy
• Unique sovereign interests implicated in
border control
5. Deleware v. Prouse, 440 U.S. 648 (1979)
• Random stop of driver to check for license and
registration violates the 4th Amendment
• “This holding does not preclude…States from
developing methods for spot checks that
involve less intrusion OR that do not involve
unconstrained exercise of discretion,” such as
stopping all oncoming traffic.
• Visible roadblocks cause less anxiety than stop
6. Brown v. Texas, 443 U.S. 47 (1979)
• Defendant “looked suspicious” in high drug area
• Reasonable suspicion of criminal activity is generally
required for a seizure
• Criteria for weighing Constitutionality of suspicionless
seizures is :
– Gravity of public concerns served by seizure
– Degree to which seizure advances public interest
– Severity of interference with individual liberty
Central concern of balancing test “has been to assure that an
individual’s reasonable expectation of privacy is not subject
to arbitrary invasions solely at the unfettered discretion of
officers in the field”
7. State v. Golden, 171 Ga. App. 27 (1984)
• Roadblock held to be valid where:
– Decision to implement roadblock made by
supervisory personnel (not field officers);
– Pre-arranged procedures dictated that all vehicles
would be stopped;
– Delay to passing motorists was minimal (1-2 min.);
– Screening officer’s training and experience were
sufficient due to 2 ½ years of police service and
completion of DUI Enforcement school
8. Skinner v. Railway Labor Executives’ Assoc., 489
U.S. 602, 619 (1989)
• Suspicionless seizures are allowed only when
“special needs beyond the normal need for
law enforcement” are at issue.
– i.e. safety of public railway
• Allowed suspicionless breath and urine drug
tests to employees who violated safety rules
9. Michigan v. Sitz, 496 U.S. 444 (1990)
• Suspicionless roadblock purposes extended to
include sobriety checkpoints based on State’s
“substantial government interest” in
eradicating drunk driving
• 1.6 % of motorists arrested for DUI (2 of 126)
• 19 uniformed officers stopped all vehicles
• Checkpoints selected pursuant to guidelines
10. LaFontaine v. State, 269 Ga. 251 (1998)
• A roadblock is satisfactory where:
– The decision to implement the roadblock was
made by supervisory personnel (not field officers)
– ALL vehicles are stopped as opposed to randomly
– The delay to motorists is minimal
– Roadblock is well identified as a police checkpoint
– Screening officers training and experience
qualifies him to make an initial determination as
to which motorists should be given field tests
11. City of Indianapolis v. Edmond, 531 U.S. 32 (2000)
• USSC refused to extend holding in Sitz to drug
checkpoints; suspicionless checkpoints NOT
authorized for purpose of drug detection
• “We have never approved a checkpoint
program whose primary purpose was to
detect evidence of ordinary wrongdoing.”
• Checkpoints established for purpose of
general crime control violate 4th Amendment
12. Baker v. State, 252 Ga. App. 695 (2001)
• Edmond requires “an inquiry into purpose at
the programmatic level”
• Edmond has elevated proof of the supervisor’s
“primary purpose” to a Constitutional
prerequisite of a lawful checkpoint
• Neither collective knowledge of the field
officers nor the actions of field officers on the
scene are competent evidence of purpose at
the “programmatic level”
13. Baker v. State, 252 Ga. App. 695, 702 (2001)
• Under LaFontaine and Edmond, a roadblock is
valid when:
(1) the record reflects that the “decision to
implement” the checkpoint in question
was made by supervisory officers and
NOT officers in the field; AND
(2) the supervisors had a legitimate
primary purpose;
-“Decision to implement” includes deciding
to have the roadblock, and when and where
14. Baker v. State, 252 Ga. App. 695, 702 (2001)
• AND “The evidence MUST also show that:
• (2) all vehicles were stopped as opposed to
random stops,
• (3) the delay to motorists was minimal;
• (4) the roadblock operation was well-identified as
a police checkpoint; and
• (5) the screening officer’s training and experience
were sufficient to qualify him to make an initial
determination as to which motorists should be
given field tests for intoxication.”
15. Baker v. State, 252 Ga. App. 695 (2001)
• “The new guidance of Edmond indicates that
perfunctory compliance will no longer suffice.”
• “The factors in LaFontaine as modified by
Edmond are not general guidelines but are
minimum constitutional prerequisites.”
• “Totality of the circumstances” test is applied
only AFTER it has been determined that the
minimum constitutional standards have been
satisfied.
16. Insufficient Evidence that the
Supervisor Authorized Roadblock
• In the following cases, the supervisor did NOT
testify and Courts found insufficient evidence
that roadblock was approved by a supervisor:
– Baker v. State, 252 Ga. App. 695 (2001)
– Blackburn v. State, 256 Ga. App. 800 (2002)
– Morris v. State, 265 Ga. App. 186 (2004)
– Cook v. State, 265 Ga. App. 491 (2004)
17. Pre-2013 Hearsay Rule
• Hearsay has no probative value
• Even if there is no objection, hearsay proves
nothing
• Thus, despite defense counsel’s failure to
object, field officer’s testimony as to
supervisor’s approval of and purpose for
roadblock was always hearsay
18. Georgia’s New Evidence Code
• O.C.G.A. § 24-1-103 Rulings on Evidence
(a) Error shall not be predicated upon a ruling
which admits or excludes evidence unless a
substantial right of the party is affected AND:
• (1) In case the ruling is one admitting evidence, a
timely objection or motion to strike appears of
record, stating the specific ground of objection, if the
specific ground was not apparent from the context…
-You MUST object to all hearsay evidence!
19. Georgia’s New Evidence Code
• Roadblock authorization forms could be admitted
under O.C.G.A. § 24-8-803(6): “Records of Regularly
conducted activity”
• O.C.G.A. § 24-9-902(11) provides for such records to be
self-authenticating if accompanied by affidavit
– Reasonable written notice required
– If you receive such notice, immediately file a confrontation
clause objection under authority of Bullcoming v. New
Mexico, 564 U.S. __ (2011); Melendez-Diaz v.
Massachusetts, 557 U.S. __ (6/25/09); Crawford v.
Washington; Miller v. State, 266 Ga. 850 (1996)
20. Illinois v. Lidster, 540 U.S. 419 (2004)
• USSC extends permissible purposes for suspicionless
roadblocks to police searching for witnesses or leads to a
recent crime committed in a specific area
• Hit and run fatal accident one week before
• All drivers stopped for 10-15 seconds, asked if they had
seen anything the previous weekend, and handed a flyer
• Roadblock set up on same highway and at same time of
earlier accident (specific and known crime)
• Such stops are “not automatically, or even presumptively,
constitutional.” Reasonableness, i.e. Constitutionality are
judged on the basis of the individual circumstances.
21. State v. Morgan, 267 Ga. App. 728 (2004)
• Roadblock held on April 18-19, 2002
• Officer testified that roadblock was approved by
his supervisor for both April 18 and 19
• Morgan arrested on April 18 for MJ trafficking
• However, the signed authorization for roadblock
only referenced April 19
• Without supervisory approval for this 4/18
roadblock, it violated 4th Amendment
• DUI/Drug checkpoint also would violate Edmond
22. Importance of Discovery
• Pursuant to Open Records Act, O.C.G.A. § 50-18-70,
request the following from arresting agency:
– Standard operating procedures for checkpoints
– Authorization/Approval of roadblock forms (who approved
for what date, time, and place)
– Number of officers and ways roadblock identified
– Number of vehicles stopped and number of arrests
– Any delay to motorists
– Whether or not all vehicles were stopped
– Whether roadblock was stopped and restarted
– All radio traffic, CAD reports, and videotape for the
duration of the DUI checkpoint
23. POST Training and Discipline Records
• Send Open Records Act Request to Georgia
Peace Officer Standards and Training (P.O.S.T.)
Council for:
– All roadblock officers’ training transcripts (classes)
– Disciplinary proceedings
– Employment history (voluntary resignations)
24. Importance of Internal Guidelines
• Field officers should have limited discretion.
• State v. Manos, 237 Ga. App. 699 (1999)
• Every car was stopped unless roadblock backed
up, then police let all cars through until there
were no more cars in sight
• Since there were no procedures the officers used
to determine whether public safety required that
roadblock be terminated due to traffic back
up, “unfettered discretion” of field officers to
stop and start roadblock at will (randomly)
caused roadblock to violate 4th Amendment
25. Importance of Internal Guidelines
• Thomas v. State, 277 Ga. App. 88 (2005)
• Field officer decided to implement roadblock
which yielded 59 grams of methamphetamine
• State argued officer had authority to implement
roadblock as shift supervisor, but Court said
roadblock had characteristics of roving patrol
since:
– No Evidence of any specific authorization
– Police Dept. had no guidelines or manual for
implementing roadblocks; thus, no implicit authority
26. Practical Considerations when
Litigating a Motion to Suppress
• You are most likely to win a motion when the
State does not prove one of elements
• If the State has not proven one of the
LaFontaine-Baker elements, consider saying
“no questions” and ask to submit a brief
• Try to get the officer to admit they were using
roadblock for an unlawful purpose i.e.
drugs, general crime control
27. Practical Considerations when
Litigating a Motion to Suppress
• Try to establish that field officers had too much
discretion, such as in:
– Deciding to have roadblock, choosing location and
time of roadblock
– Deciding when to shut down, temporarily or
permanently, the roadblock due to traffic
– Making exceptions for emergency vehicles or taxi
cabs to be waived through roadblock
Failure to follow standard operating police procedures is
best way to show field officers exceeded their discretion
28. Unfavorable Roadblock Law
• Hobbs v. State, 260 Ga. App. 115 (2003) (roadblock valid
despite supervisor who implemented roadblock also was
screening officer who stopped/arrested defendant);
• Velasquez v. State, 288 Ga. App. 109 (2007) (roadblock valid
where Lt. approved roadblock but left precise location to
Sgt.)
• Coursey v. State, 295 Ga. App. 476 (2009) (roadblock valid
though set up on highway intersecting city street instead of
city street as indicated on roadblock initiation form)
• Sutton v. State, 297 Ga. App. 865 (2009) (roadblock valid for
legitimate primary purpose though Sutton’s counsel got
officer to agree that roadblock’s purpose was for crime
suppression)
29. Unfavorable Law
• State v. Brown, 315 Ga. App. 154 (2012) (4-3 decision)
• Captain emailed 4 officers to “handle” a citizen complaint
about speeding, littering, racing
• No further instructions given
• Sgt. Made decision to implement roadblock
• Motion granted since roadblock (1) not planned in advance
for specific time and (2) roadblock not sufficiently manned
• Cobb County P. D. guidelines say supervisor should not be
screening officer and require adequate manpower
• Dissent said proper standard was “clearly erroneous” not
“de novo” (Sgt. who approved roadblock acted as field cop)
• Certiorari granted by GA Supreme Court 1/7/13
30. Attempts to Avoid Roadblocks
• Bad stops where driver made lawful U-turn:
• State v. Alexander, 245 Ga. App. 666 (2000);
State v. Hester, 268 Ga. App. 501 (2004)
normal driving that incidentally evades a
roadblock does not justify an investigative
stop, *but+ “abnormal or unusual actions
taken to avoid a roadblock may give an officer
a reasonable suspicion of criminal activity
even when the evasive action is not illegal.”
31. Attempts to Avoid Roadblocks
• Jorgensen v. State, 207 Ga. App. 545 (1993)
(unlawful stop where driver turned normally
into residential area before roadblock):
– “There was no indication in the record of any
sharp driving maneuver, sudden turn or reduction
in speed or other facts which might tend to show
that the appellant's actions were evasive.”
32. Attempts to Avoid Roadblocks
When lawful acts = articulable suspicion
• Beware of State v. Webb, 193 Ga. App. 2 (1989)
(officer’s good faith belief that U-turn was illegal was
sufficient to justify stop despite court finding that U-
turn technically was lawful);
• Pippins v. State, 204 Ga. App. 318 (1992) (roadblock
upheld where .20 driver approaching roadblock from
side road sat at the intersection for several min. before
returning down the side road away from
roadblock, and reappeared 5 min. later and turned
away from the roadblock again)
• O.C.G.A. § 1-3-6 ALL citizens presumed to know the law
- ignorance of the law excuses NO ONE [except cops]
33. Future Challenges to Roadblocks
• Challenge roadblocks under your State Constitution
• "[A] State is free as a matter of its own law to impose
greater restrictions on police activity than those [the
Supreme] Court holds to be necessary upon federal
constitutional standards." Oregon v. Hass, 420 U.S.
714, 719 (95 S. Ct. 1215, 43 L. Ed. 2d 570) (1975).
• Thus, "the State [has] power to impose higher
standards on searches and seizures than required by
the Federal Constitution if it chooses to do so." Cooper
v. California, 386 U.S. 58, 62 (1967).
34. Georgia Constitution
• Georgia Constitution provides greater protection
than the Federal Constitution
• State v. Miller, 260 Ga. 669 (1990) (First
Amendment)
• Green v. State, 260 Ga. 625 (1990) (self-
incrimination)
• Gary v. State, 262 Ga. 573 (1992) (O.C.G.A. § 17-
5-30 provides more protection for illegally seized
evidence; no good faith exception when
executing a warrant)
35. Sobriety Checkpoints Declared Invalid
by State Constitutions
• Michigan. Sitz v. Dept. of State Police, 485 N.W.
2d 135 (Mich. App. 1992)
• Minnesota
• Oregon
• Washington
• Rhode Island
• Texas
• North Dakota
• New Jersey
• Louisiana
36. Purpose at Programmatic Level
• Baker v. State, 252 Ga. App. 695 (2001) held
Edmond requires “an inquiry into purpose at
the programmatic level”
– Very little caselaw discussion of the nature and
extent of inquiry that needs to be made
– Standard Operating Procedures are necessary to
determine purpose at programmatic level
– Don’t let internal guidelines delegate purpose to
field officers in violation of Edmond
37. Effectiveness of Roadblock
• Commonwealth v. Trivitt, 650 A. 2d 104 (Pa.
Super. 1994) (roadblock invalid under PA
Constitution since no data sufficient to specify
number of DUI related arrests/accidents within
the relevant time period to justify need for
roadblock
• Commonwealth v. Donnelly, 614 N.E. 2d 1018
(Mass. App. 1993) (roadblock invalid where no
evidence showed that site of roadblock was a
problem area)
38. Effectiveness of Roadblock
• State v. Groome, 664 S.E. 2d 460 (2008)
• South Caroline Supreme Court invalidated a roadblock
using a Brown v. Texas analysis:
– Gravity of public interest served by seizure;
– Degree to which seizure serves public interest;
– Severity of interference with individual liberty.
– “While Sitz does criticize ‘searching examination of
effectiveness’ by trial courts, it retains the requirement
that the State produce empirical data to support the
effectiveness of the roadblock. Sitz at 454 (‘unlike
Deleware v. Prouse, 440 U.S. 648 (1979), this case [does
not involve+ a complete absence of empirical data..’)”
39. Effectiveness of Roadblocks
• 3 GA Supreme Court justices who dissented in
LaFontaine recognized that the Brown v. Texas
balancing test that was utilized in Sitz was ”the
relevant test for determining the constitutionality
of roadblocks.” (2nd prong is effectiveness) [Sears,
Benham, Fletcher]
• Justice Benham stated in dissent he would vote to
use GA Constitution to require judicial approval
of roadblocks. Brent v. State, 270 Ga. 160 (1998)
• But see State v. Dymond, 248 Ga. App. 582 (2001)
•
40. Resources
• “The Use of Sobriety Checkpoints for Impaired
Driving Enforcement,” DOT HS-807-656
(National Highway Traffic Safety
Administration, Nov. 1990)
• William C. Head and Frank T. Gomez, THE
GEORGIA DUI TRIAL PRACTICE MANUAL
(2013)
• Lawrence Taylor and Steven Oberman, DRUNK
DRIVING DEFENSE (7th Ed. 2013)
41. R. Parker McFarland, Jr.
McFarland & McFarland, P.C.
309 Pirkle Ferry Road
Suite B-400
Cumming, GA 30040
770-889-2522
parker@mcfarlandmcfarland.com