Faulkner v. State, A02A0044.
| Citation | 567 S.E.2d 754,256 Ga. App. 129 |
| Decision Date | 26 June 2002 |
| Docket Number | No. A02A0044.,A02A0044. |
| Parties | FAULKNER v. The STATE. |
| Court | United States Court of Appeals (Georgia) |
OPINION TEXT STARTS HERE
Sexton & Morris, Lee Sexton, Jonesboro, for appellant.
Keith C. Martin, Solicitor-General, Michael T. Lesutis, Brian M. Johnston, Asst. Solicitors-General, for appellee.
Thomas Faulkner was convicted of possession of less than one ounce of marijuana. On appeal, Faulkner contends the trial court erred by denying his motion to suppress evidence discovered during a search of his motor vehicle. For the reasons set forth below, we reverse.
On appeal from a denial of a motion to suppress, this Court must construe the evidence most favorably to uphold the ruling of the trial court. State v. Winnie.1 The trial court's application of law to facts which are undisputed, however, is subject to de novo review. Id.
The record shows that Faulkner was stopped by a police officer for traveling more than 300 feet in a center turn lane. After informing Faulkner of the reason for the stop and obtaining Faulkner's license and proof of insurance, the officer returned to his patrol car to run a records check. When the check was completed, the officer asked Faulkner to step to the rear of his vehicle and informed Faulkner that he was going to ticket him for driving in the center turn lane.
The officer then returned Faulkner's license and insurance card. The officer had Faulkner sign for the ticket and return it to him. He held it as he interrogated Faulkner, a clear indication that Faulkner was not free to leave. The officer asked whether Faulkner had anything in the vehicle that he should know about. Faulkner replied no. Then, the officer asked if Faulkner would mind if the officer searched him and his truck. Faulkner consented, and less than an ounce of marijuana was discovered.
On appeal Faulkner contends that the search of his car was improper because the police officer illegally detained him following the completion of the original traffic stop. Based on the specific facts of this case, we agree.
This Court has held, if an "officer continues to detain the subject after the conclusion of the traffic stop and interrogates him or seeks consent to search without reasonable suspicion of criminal activity, the officer has exceeded the scope of a permissible investigation of the initial traffic stop." State v. Sims.2 Therefore, once the tasks related to the investigation of the traffic violation and processing of the traffic citation have been accomplished, an officer cannot continue to detain an individual without articulable suspicion.
An officer who questions and detains a suspect for reasons other than those connected with the original purpose of the stop exceeds the scope of permissible investigation unless he has reasonable suspicion of other criminal activity. This reasonable suspicion must be based on more than a subjective, general suspicion or hunch. The detention must be justified by specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the detention, and the trooper must have some basis from which the court can determine that the detention was neither arbitrary nor harassing.
(Citations and punctuation omitted.) State v. Gibbons.3
The facts of record show that Faulkner was being detained at the time the police officer questioned him about the contents of his car. "[S]o long as a reasonable person would feel free to disregard the police and go about his business, the encounter is consensual and no reasonable suspicion is required." (Punctuation omitted.) Sims, supra at 278, 546 S.E.2d 47. Contrary to the State's argument, no reasonable...
To continue reading
Request your trial
-
Daniel v. State
...have been returned to him. [Cit.]" United States v. Gonzalez-Lerma, 14 F.3d 1479, 1483 (10th. Cir. 1994).3 See also Faulkner v. State, 256 Ga.App. 129, 567 S.E.2d 754 (2002) (encounter not consensual where questioning began before driver was given his copy of traffic ticket containing citat......
-
State v. Bibbins
...116. 74. (Punctuation omitted.) Id. 75. See id. 76. See id. 77. Id. 78. Id. at 843(2)(a), 597 S.E.2d 116. 79. See Faulkner v. State, 256 Ga.App. 129, 130, 567 S.E.2d 754 (2002). See also Daniel, supra at 844, 597 S.E.2d 116 (citing 80. See id. at 841, 597 S.E.2d 116. As noted by the majorit......
-
Terry v. State
...832 S.E.2d 669 (punctuation omitted); accord Sherod v. State , 334 Ga. App. 314, 321 (1), 779 S.E.2d 94 (2015) ; Faulkner v. State , 256 Ga. App. 129, 130, 567 S.E.2d 754 (2002).15 Hall , 351 Ga. App. at 700 (1), 832 S.E.2d 669 (punctuation omitted); accord Sherod , 334 Ga. App. at 321 (1),......
-
Sherod v. State
...S.E.2d 122 (2013).30 Weems v. State, 318 Ga.App. 749, 751(2), 734 S.E.2d 749 (2012) (punctuation omitted); accord Faulkner v. State, 256 Ga.App. 129, 130, 567 S.E.2d 754 (2002).31 State v. Whitt, 277 Ga.App. 49, 50, 625 S.E.2d 418 (2005) ; accord Padron v. State, 254 Ga.App. 265, 268(1), 56......
-
Table of Cases
...122 Falls, United States v., 34 F.3d 674 (8th Cir. 1994) 239 Faulkner v. Makel, 839 F. Supp. 1242 (E.D. Mich. 1993) 16 Faulkner v. State, 567 S.E.2d 754 (Ga. App. 2002) 47 Faulkner, United States v., 450 F.3d 466 (9th Cir. 2006) 57 Faust, State v., 682 N.W.2d 371 (Wis. 2004) 168 Ferguson v.......
-
Chapter 2. Traffic Detentions
...a citation or a warning, that document should be delivered to the driver prior to attempting a voluntary encounter. Faulkner v. State, 567 S.E.2d 754 (Ga. App. 2002) (encounter not consensual where questioning began before driver was given copy of traffic ticket). Returning the driver’s doc......
-
Criminal Law and Criminal Procedure - John O. Cole and Bonnie K. Cole
...254 (2002). 77. Id. at 188-89, 569 S.E.2d at 255. 78. Id. at 189, 569 S.E.2d at 255. 79. Id. at 190, 569 S.E.2d at 256. 80. Id. 81. 256 Ga. App. 129, 567 S.E.2d 754 (2002). 82. Id. at 129, 567 S.E.2d at 755. 83. Id. at 129-30, 567 S.E.2d at 75. 84. Id. at 129, 567 S.E.2d at 75. 85. Id. at 1......