Crandol v. City of Newport News, No. 881391
| Docket Nº | No. 881391 |
| Citation | 238 Va. 697, 386 S.E.2d 113 |
| Case Date | November 10, 1989 |
| Court | Supreme Court of Virginia |
Page 113
v.
CITY OF NEWPORT NEWS.
[238 Va. 698] Jimese L. Pendergraft, Herbert V. Kelly, Jr. (Jones, Blechman, Woltz & Kelly, Newport News, on brief), for appellant.
Allen L. Jackson, Deputy City Atty. (Verbena M. Askew, City Atty., Collins L. Owens, Jr., Asst. City Atty., on brief), for appellee.
[238 Va. 697] Present: CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, THOMAS, * WHITING and LACY, JJ.
[238 Va. 698] WHITING, Justice.
In this case, we review the legality of a roadblock established to check the sobriety of motor vehicle operators.
Pursuant to an administrative decision by the local police department, on Friday, November 28, 1986, at approximately 10:00 p.m., police officers established a roadblock on Warwick Boulevard in the City of Newport News (the City). The roadblock was intended as a sobriety checkpoint for motor vehicle operators. Orange cones were placed in the southbound lanes of Warwick Boulevard "as far back as Middlesex Road." The evidence in this case is reflected in a statement of facts which does not disclose how far Middlesex Road was from the roadblock. Signs with flashing lights warned approaching motorists of the sobriety checkpoint.
[238 Va. 699] All officers who manned the roadblock had previously attended a 24-hour training course on the sobriety checkpoint program. The police officer who devised the checkpoint
Page 114
plan and at least one police lieutenant were present to supervise its operation. Marked police cars were parked in the area and all officers wore uniforms, as well as reflective vests.All vehicles were stopped in a well-lighted area in front of a stadium parking lot, which provided parking space for motor vehicles whose operators' condition warranted further investigation. Each operator was asked to produce his driver's license and vehicle registration at the roadblock, and was questioned about the possible consumption of alcoholic beverages.
Each southbound vehicle which approached the checkpoint was stopped. Whenever traffic backed up to Middlesex Road, the roadblock was suspended and all vehicles were allowed to proceed until the traffic had cleared, at which time the roadblock resumed.
At 10:58 p.m., the defendant, Donald Edward Crandol, was stopped at the roadblock and routinely questioned by Officer J.W. Duckworth. Duckworth noticed a slight odor of alcohol coming from the vehicle and a redness and glassiness about Crandol's eyes. He directed Crandol to park his vehicle in the stadium parking lot, where Crandol told Duckworth that he had consumed four drinks earlier in the evening. Duckworth then administered seven field sobriety tests; Crandol failed six. After Duckworth arrested Crandol and charged him with driving under the influence of alcohol, Crandol elected to take a breath test which showed that his blood alcohol content was .13. This amount raised a presumption of Crandol's...
To continue reading
Request your trial
-
People v. Banks, No. S030479
...483 [post-Sitz decisions, neither of which interpreted Sitz to require advance publicity]; see also Crandol v. City of Newport News (1989) 238 Va. 697, 386 S.E.2d 113; State v. Leighton (Me.1988) 551 A.2d 116; City of Las Cruces v. Betancourt (1987) 105 N.M. 655, 735 P.2d 1161; State v. Gar......
-
State v. Downey
...City of Bismarck v. Uhden, 513 N.W.2d 373 (N.D.1994); Com. v. Tarbert, 517 Pa. 277, 535 A.2d 1035 (1987); Crandol v. City of Newport News, 238 Va. 697, 386 S.E.2d 113 (1989); Carte v. Cline, 194 W.Va. 233, 460 S.E.2d 48 7 By contrast, courts that have invalidated roadblocks have questioned ......
-
State v. Mitchell, No. 655PA02.
...roadblock unconstitutional where the operating officers had complete discretion to move it and did so); Crandol v. City of Newport News, 238 Va. 697, 386 S.E.2d 113 (1989) (acknowledging that key factors in determining the legality of a checkpoint include proof of advance decisions by super......
-
Wright v. Com., Record No. 1261-07-1.
...for all patrol officers, and required officers to stop every vehicle passing through the checkpoint. See Crandol v. City of Newport News, 238 Va. 697, 698-701, 386 S.E.2d 113, 113-15 (1989) (finding a checkpoint plan constitutional where the officers received advanced approval from superior......
-
People v. Banks, No. S030479
...483 [post-Sitz decisions, neither of which interpreted Sitz to require advance publicity]; see also Crandol v. City of Newport News (1989) 238 Va. 697, 386 S.E.2d 113; State v. Leighton (Me.1988) 551 A.2d 116; City of Las Cruces v. Betancourt (1987) 105 N.M. 655, 735 P.2d 1161; State v. Gar......
-
State v. Downey
...City of Bismarck v. Uhden, 513 N.W.2d 373 (N.D.1994); Com. v. Tarbert, 517 Pa. 277, 535 A.2d 1035 (1987); Crandol v. City of Newport News, 238 Va. 697, 386 S.E.2d 113 (1989); Carte v. Cline, 194 W.Va. 233, 460 S.E.2d 48 7 By contrast, courts that have invalidated roadblocks have questioned ......
-
State v. Mitchell, No. 655PA02.
...roadblock unconstitutional where the operating officers had complete discretion to move it and did so); Crandol v. City of Newport News, 238 Va. 697, 386 S.E.2d 113 (1989) (acknowledging that key factors in determining the legality of a checkpoint include proof of advance decisions by super......
-
Wright v. Com., Record No. 1261-07-1.
...for all patrol officers, and required officers to stop every vehicle passing through the checkpoint. See Crandol v. City of Newport News, 238 Va. 697, 698-701, 386 S.E.2d 113, 113-15 (1989) (finding a checkpoint plan constitutional where the officers received advanced approval from superior......