APPEALS COURT FAULTS ROADBLOCK SEARCH IN BUTLER

Guilty Plea In Drug Case Thrown Out

FRANKFORT, Ky. -- The Kentucky Court of Appeals yesterday threw out a
guilty plea in a drug case because the evidence came from an
unconstitutional roadblock put up by the Butler County sheriff.

A unanimous three-judge panel of the court said the sheriff's office used
the pretense of a roadblock set up to detect traffic and drunkendriving
cases to actually search for drugs. Judge Joseph Huddleston said traffic
roadblocks must be narrowly focused so they do not infringe on people's
rights to avoid improper searches. "Key . . . is whether there are adequate
limits on the discretion of the individual officers conducting the
roadblock," Huddleston said.

David Buchanon was driving from Muhlenberg County to Butler County in the
early evening of Sept. 5, 1999, when he came upon the roadblock along Ky.
70. A deputy sheriff testified that Buchanon appeared to act nervously, had
bloodshot eyes, and the vehicle had a strong smell of cologne.

The officer had Buchanon take two field sobriety tests that he did not
fail. Nevertheless, the deputy asked permission to search the vehicle,
which Buchanon denied. The deputy then asked another officer to have the
department's drug-detection dog sniff the vehicle. When the dog noticed
something on the passenger door, deputies searched the vehicle and found
marijuana, methamphetamines and drug paraphernalia.

Buchanon pleaded guilty on the condition he would also challenge the
search. The appeals court said the search was improper and ordered that
Buchanon be allowed to withdraw his guilty plea.

Huddleston said the U.S. Supreme Court has ruled that, while roadblocks for
detecting drunken drivers and traffic law enforcement are permissible,
roadblocks for general crime control or to search for illegal drugs are not
allowed.

Huddleston said the Butler County sheriff's roadblock was a
"self-proclaimed 'drug-DUI' " roadblock. The only other citation or arrest
at the roadblock was for possession of marijuana. Huddleston said it was
also noteworthy that the roadblock took place in the afternoon, presumably
before increased drunken-driving traffic might occur. When there is no
other probable cause to stop a vehicle, the roadblocks are improper
"because of the severity of interference with individual liberty,"
Huddleston said.