Post by Police Moderator on Jul 30, 2013 6:37:56 GMT -5
McElhaney counts costs of fighting roadblock machinery; is he alone? July 17, 2013 by David Tulis
Alex McElhaney makes today an appearance before a judge on charges that he willfully obstructed an officer in performance of his duties by refusing to show his driver’s license at a roadblock in Dade County, Ga.
Alex McElhaney, unlike the other defendants in the Dade County courts facility, looks spiffy. He’s wearing a dark suit and tie, with a tiny lapel button of the federal flag. He stands before a judge and prosecutor Len Gregor at an arraignment hearing, one intended to indicate whether he will “plead out” or contest criminal misdemeanor charges.
Mr. McElhaney, 24, in June challenged a roadblock imposed by Georgia highway patrol, insisting that the officer had no authority to stop him absent a signed warrant or probable cause. He was jailed 14 hours and released on his own recognizance. At the hearing Wednesday in Trenton, Ga., he pleaded not guilty.
Twice he made the demand, “Where is the state’s probable cause?” Because this point, as I had suggested to him over his breakfast and in phone calls for two days before, is the penetrating question that aims a dagger at the security state. Roadblocks violate a fundamental protection of the people on the public roads in Georgia.