Pubdate: Thu, 3 Jul 2008
Source: Greenville News (SC)
Copyright: 2008 The Greenville News
Contact:  http://greenvillenews.com/
Details: http://www.mapinc.org/media/877
Author: Tim Smith, Capital Bureau
Referenced: The ruling http://drugsense.org/url/XACJIyFC

GREENVILLE DRUG EVIDENCE TOSSED OUT

High Court Rules Seizure at Checkpoint Unconstitutional

COLUMBIA -- The South Carolina Supreme Court has upheld the 
suppression of drug evidence found during a Greenville County 
roadblock after ruling the checkpoint was unconstitutional, violating 
the protection against unreasonable search and seizure.

A lawyer for the defendant in the case said the ruling is the first 
in the state since U.S. Supreme Court decisions on roadblocks and 
could limit the discretion of law enforcement in making future checkpoints.

But Chief Justice Jean Toal, dissenting, argued that she saw nothing 
wrong with the roadblock and would reverse the ruling of Circuit 
Judge D. Garrison Hill.

At issue were two bags containing 13 ounces of cocaine found after a 
car driven by Eston Groome was stopped during a Greenville County 
sheriff's checkpoint, according to court records. Groome said he had 
smoked some marijuana but denied the cocaine was his, according to 
the Supreme Court's opinion.

Hill ruled that the roadblock was for general crime control and 
Groome's Fourth Amendment rights were violated because of previous 
rulings that made general crime checkpoints unconstitutional.

The judge said his decision was based upon the facts that the law 
enforcement unit involved dealt with crime suppression issues, a K-9 
team assisted, and no evidence was presented as to the plan, 
procedures or duration of the roadblock.

Also, according to Justice Costa Pleicones, who wrote for the 
majority, the state failed to prove one part of a three-part test to 
show how effective the roadblock was, something he said was also 
required by a previous appellate ruling.

Toal disagreed, arguing the evidence shows the roadblock was to check 
driver's licenses, which is permitted under constitutional decisions. 
And she disagreed that the state had to produce evidence to show the 
roadblock was effective.

"In my view, the balance of the public interest and the severity of 
the interference with individual liberty clearly weighs in favor of 
this checkpoint," she wrote.

James H. Price III, one of Groome's lawyers, said law enforcement 
will now have to have a reason for any roadblock and then keep 
statistics to "justify why it was there."

"Their discretion is not going to be as broad as they had before," he said.
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MAP posted-by: Richard Lake