
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, August 25, 1993                   TAG: 9308250184
SECTION: VIRGINIA                    PAGE: A-1   EDITION: METRO 
SOURCE: By DAVID M. POOLE STAFF WRITER
DATELINE:                                 LENGTH: Medium

DRUG TACTIC BLASTED

A Roanoke County judge has thrown out the conviction of a woman caught with a small amount of marijuana at a drug checkpoint off Interstate 81 in May, saying he did not agree with the way police set up the roadblock.

County Police Chief John Cease said Tuesday's ruling did not dampen his department's enthusiasm for roadside checkpoints as a method to raise public awareness about illegal drugs.

"This sure won't stop our war on drugs," Cease said. "What we have to do is to figure out what legal issue that ruling raises and what we have to do to overcome it."

But Commonwealth's Attorney F.W. "Skip" Burkart said authorities had decided - well before Tuesday's legal setback - that drug checkpoints are a poor use of resources.

The May 6 checkpoint at Dixie Caverns tied up dozens of officers for several hours, but netted only four arrests for possession of small amounts of marijuana.

"We didn't get anything out of it," Burkart said. "It just wasn't worth the manpower and time we put into it."

Police placed two flashing signs a half-mile before the Dixie Caverns exit that warned northbound motorists, "Police Drug Search Ahead."

Officers parked a marked police car on the side of the highway beyond the exit to give motorists the impression that they could avoid the roadblock by getting off at Dixie Caverns. But police were waiting on the exit ramp, where they stopped each car. All but two of 107 motorists gave officers permission to search their cars.

Circuit Judge Kenneth Trabue said he was concerned that officers were not stopping all traffic on I-81, but only the few that exited at Dixie Caverns.

Trabue's ruling overturned the lower court conviction of Lori Dawn Shanklin, 20, of Charlotte, N.C., on a misdemeanor marijuana possession charge.

Shanklin was the only defendant who challenged the legality of the roadblock. Three others were fined after pleading guilty in Roanoke County General District Court.

Cease called the drug checkpoint a success for his department, even though the operation did not stop a large shipment of cocaine or withstand a legal challenge.

"We didn't go out there with the idea of getting a lot of dope," Cease said. "We got overwhelming public support. It was a real morale booster. I can't tell you have many phone calls and letters we got.

"We sent a message and we'll send it again."

by CNB