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McLENAGAN v. KARNES

Nos. 93-1992, 93-1993.

27 F.3d 1002 (1994)

William R. McLENAGAN, Plaintiff-Appellee, v. John C. KARNES, Richmond Police Officer, Defendant-Appellant, and Marty M. Tapscott, Chief of Police, City of Richmond; Thomas E. Shook, Captain, Police Department, City of Richmond; Andrew J. Winston, Sheriff of the City of Richmond; Loretta Smith, Richmond Deputy Sheriff, Defendants. William R. McLENAGAN, Plaintiff-Appellee, v. Andrew J. WINSTON, Sheriff of the City of Richmond; Loretta Smith, Richmond Deputy Sheriff, Defendants-Appellants, and Marty M. Tapscott, Chief of Police, City of Richmond; Thomas E. Shook, Captain, Police Department, City of Richmond; John C. Karnes, Richmond Police Officer, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1994.

Attorney(s) appearing for the Case

ARGUED: Glen Franklin Koontz, Office of the City Atty., Richmond, VA, for appellant Karnes; Robert A. Dybing, Shuford, Rubin & Gibney, Richmond, VA, for appellants Winston and Smith. Murray Joseph Janus, Bremner, Baber & Janus, Richmond, VA, for appellee. ON BRIEF: William Joe Hoppe, Office of the City Atty., Richmond, VA, for appellant Karnes; John A. Gibney, Jr., Shuford, Rubin & Gibney, Richmond, VA, for appellants Winston and Smith. Scott W. Lechner, Bremner, Baber & Janus, Richmond, VA, for appellee.

Before HALL and WILLIAMS, Circuit Judges, and GODBOLD, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation.

Reversed and remanded by published opinion. Judge K.K. HALL wrote the opinion, in which Judge WILLIAMS and Senior Judge GODBOLD joined.

OPINION

K.K. HALL, Circuit Judge:

In the early morning hours of May 10, 1992, the Richmond Police Department was conducting a sobriety checkpoint at a toll plaza on the Richmond Downtown Expressway. Drivers who failed a field sobriety test were taken into an office building adjoining the plaza and tested with a breathalyzer...

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