McInnish v. State
McInnish v. State
Opinion
Roger Dale McInnish, the appellant, was convicted of driving under the influence of alcohol in violation of Ala. Code 1975, ยง
Here, there was no showing that the venire members had fixed or "strong and deep impressions which will close the mind against the testimony." Ex parte Beam,
The appellant filed a pretrial motion to dismiss. Two grounds of that motion were that there was no probable cause for his arrest and that the arrest was in violation of the Fourth Amendment to the Constitution of the United States. The record contains no ruling on that motion.
At the close of the State's case-in-chief, defense counsel's motion for a judgment of acquittal included the following:
"[MR. LOWERY, defense counsel] I renew the motion to suppress on the grounds the roadblock at the time was unconstitutional and violated the fourth amendment rights against unreasonable search and seizure.
"MR. HARGETT [district attorney]: I didn't recall the motion to suppress.
"MR. LOWERY: It's a motion to dismiss, actually. Judge, that's all the motions I have at this time. Judge, I would furnish you โ Well, I'll renew each of these motions when we take a break, and I'll furnish you with a citation of each and every case regarding the standard of roadblocks at our next break.
"THE COURT: Okay, the motions are denied and overruled."
After presenting evidence on behalf of the appellant, defense counsel stated only that he "wish[ed] to renew each and every motion . . . made at the conclusion of the State's case."
Under the facts of this case, we do not consider this issue to have been sufficiently preserved for consideration on appeal. There was no pretrial motion to suppress. There was no request for a ruling on the pretrial motion to dismiss. At trial, the arresting officer testified, without objection, to the fact that the appellant was stopped at a "license check." In both the motion to suppress (made in conjunction with the motion for judgment of acquittal) and the renewed motion to suppress, the appellant failed to state any reasons to support his allegation that the license check or roadblock was unconstitutional. Although defense counsel did indicate that he was going to furnish the trial court with "a citation of each and every case regarding the standard of roadblocks," the record contains no further mention of this matter.
License checks, sobriety checkpoints, and roadblocks are not intrinsically unconstitutional, Michigan Department ofState Police v. Sitz, ___ U.S. ___,
"[T]he trial court is not required to cast about for tenable grounds of objection." Watkins v. State,
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Roger Dale McInnish v. State.
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- 8 cases
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- Published