Sasser v. City of Richland
| Docket Number: | 2002-KM-01641-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI first offense - Roadblock Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 09-09-2002 Appealed from: Rankin County Circuit Court Judge: William E. Chapman, III Disposition: DRIVING UNDER THE INFLUENCE, FIRST OFFENSE: SENTENCED TO FORTY-EIGHT HOURS IN RANKIN COUNTY JAIL, SUSPENDED/MASEP/VIRS, FINED $749.50 PLUS COURT COSTS OF $177.50 District Attorney: Rick Mitchell Case Number: 13,146 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Anthony G. Sasser |
WILLIAM P. FEATHERSTON |
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| Appellee: | City of Richland, Mississippi | JAY MAX KILPATRICK PAUL B. HENDERSON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | DUI first offense - Roadblock |
| Summary of the Facts: | Anthony Sasser was found guilty in city court of driving under the influence of intoxicating liquor, first offense. He appealed to county court and was found guilty. He appealed to circuit court which affirmed. Sasser appeals. |
| Summary of Opinion Analysis: | Sasser argues contends that the checkpoint set up by the City of Richland Police Department was conducted in violation of protections afforded him under Article 3, Section 23 of the Mississippi Constitution. The facts of the roadblock were established by proof showing it to be at a fixed location involving at least four law enforcement vehicles, all of which had their blue lights activated, and at which all vehicles approaching from both directions were subjected to at least a brief stop. Roadblocks of this nature do not violate the Fourth Amendment to the U.S. Constitution. In view of the striking similarities between the Fourth Amendment and Article 3, Section 23, of the Mississippi Constitution and the lack of a history of differentiation between the two by the Mississippi Supreme Court, there is no tenable basis to accept Sasser’s contention. |
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