Virginia Lawyers Weekly

The Court of Appeals overturns a trial court’s suppression order, as the trial court erred in ruling that the police traffic checkpoint was faulty because the patrol supervisor had too much discretion.

In this case, the patrol supervisor first selected the date and time for the checkpoint to ensure the availability of adequate personnel to operate it. He did not know the locations of the checkpoints and could not have targeted a specific person or a specific group of people. The patrol supervisor submitted his decision to the sheriff for approval. The fact that the sheriff disapproved the initial plan and that the chief deputy approved the revised time and date reflects strict limitation on the patrol supervisor’s discretion.

After the date and time were selected and approved, the chief deputy chose the sites from the pre-approved list. The sheriff reviewed and approved that decision. The patrol supervisor had no role in selecting the locations for the checkpoints. The patrol supervisor and the other officers conducting the checkpoints only learned of the locations shortly before they began operating them. The officers conducting the checkpoints had appropriately limited discretion that prevented abuse in the conduct of the checkpoints.

The officer conducting the checking detail selected the timing but had no role in deciding the location. The traffic checkpoint was proper because the patrol supervisor and the officers conducting the stops had limited, supervised discretion. The trial court erred in concluding the patrol supervisor had too much discretion. Accordingly, we reverse the decision to suppress and remand for trial on the merits.

Commonwealth v. Hall (Bumgardner, J.) No. 0144-09-3, June 16, 2009; Floyd County Cir.Ct. (Grubbs) Craig W. Stallard, AAG, for appellant; Richard W. Davis Jr. for appellee. VLW 009-7-259(UP), 4 pp.

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