Hall v. Com., 1780-89-1
| Decision Date | 23 July 1991 |
| Docket Number | No. 1780-89-1,1780-89-1 |
| Citation | 406 S.E.2d 674,12 Va.App. 972 |
| Parties | Ernest Thomas HALL v. COMMONWEALTH of Virginia. Record |
| Court | Virginia Court of Appeals |
Craig Preston (Preston & Grillo, on brief), Accomac, for appellant.
Leah A. Darron, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.
Present: BARROW, COLEMAN and MOON, JJ.
We consider whether the "traffic-checking detail" guidelines appropriately limited the discretion of the trooper so that the stop of the defendant was "reasonable" under the Fourth Amendment. Because the guidelines did not properly limit the officer's discretion, we reverse Ernest Thomas Hall's conviction for driving after having been declared an habitual offender which was based upon evidence obtained from the stop.
To ensure that an individual's expectation of privacy is not subjected to arbitrary invasion solely at the unfettered discretion of police officers in the field, seizures at roadblocks must be carried out pursuant to plans embodying explicit, neutral limitations on the conduct of the individual officer. Simmons v. Commonwealth, 238 Va. 200, 202-03, 380 S.E.2d 656, 658 (1989); Lowe v. Commonwealth, 230 Va. 346, 350, 337 S.E.2d 273, 276 (1985), cert. denied, 475 U.S. 1084, 106 S.Ct. 1464, 89 L.Ed.2d 720 (1986); see Michigan Dept. of State Police v. Sitz, 496 U.S. 444, 110 S.Ct. 2481, 110 L.Ed.2d 412 (1990); Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979).
Ernest Thomas Hall was stopped on June 8, 1989, by a traffic checking detail at the intersection of Routes 657 and 658 in Accomack County, Virginia. As a result of the evidence obtained at the stop, he was charged and subsequently convicted of driving after having been declared an habitual offender. He maintains that the traffic detail did not meet the prerequisites of Lowe because too much discretion was left to the officers who conducted the detail.
Police First Sergeant, C.E. Murphy testified that Virginia State Police Memo 1987-# 3 prescribes the guidelines for state police conducted "traffic-checking details." The purpose of the details were to "enforce operators' license and vehicle registration laws, and to take appropriate action to all other violations of the law coming to the attention of our members." Pursuant to the guidelines, Sergeant Murphy designated fifty-four locations in Accomack where "checking details" could take place. Murphy was required to consider specified criteria in choosing the sites, and he personally inspected each site. Safety to the public and those conducting the roadblock was of primary importance in selecting a site. Approved site number twenty-nine was listed as the "intersection of Route 657 and Route 658."
Under the guidelines, troopers are authorized to conduct "traffic-checking details" only "when assigned by a supervisor." A weekly work schedule was drawn up for the state troopers assigned to patrol Accomack County by Virginia State Police Sergeant Evans, and approved by Sergeant Murphy. Each week, one or two troopers would be ordered to conduct a "checking detail." That officer was required to select the site for the "traffic-checking detail" from the approved list. The officer, in his sole discretion, determined the time for conducting the "checking detail" based upon work shift, the number of officers available to assist, anticipated traffic, court appearances, and other work-related criteria.
The guidelines specified that the officer was required to conduct the "checking detail" for no less than thirty minutes and no more than two hours. The guidelines also dictated how the officer would conduct the "detail." Upon completing the "detail," the officer was required to complete a form giving the place, time and duration of the "checking detail," the number of vehicles stopped, the number of warnings or summonses issued, and the number of arrests made and the reasons therefor. The completed form had to be approved by Sergeant Murphy or another supervisor.
Finally, the guidelines required Sergeant Murphy to...
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