Harris v. State, No. A92A1570

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtJOHNSON; CARLEY, P.J., and POPE
Citation423 S.E.2d 723,205 Ga.App. 813
Decision Date14 October 1992
Docket NumberNo. A92A1570
PartiesHARRIS v. The STATE.

Page 723

423 S.E.2d 723
205 Ga.App. 813
HARRIS

v.
The STATE.
No. A92A1570.
Court of Appeals of Georgia.
Oct. 14, 1992.

Page 724

[205 Ga.App. 815] Moore, Chambliss & Allen, David R. Tyndall, Atlanta, for appellant.

H. Lamar Cole, Dist. Atty., Charles M. Stines, Asst. Dist. Atty., for appellee.

JOHNSON, Judge.

Palace Harris was indicted for possession of cocaine. His pre-trial motion to suppress evidence was denied by the trial court. Harris entered a guilty plea to possession of cocaine and properly reserved his right to appeal from the order denying his motion to suppress.

1. Harris contends that the trial court erred in denying his motion to suppress as his alleged consent to be searched resulted from an illegal detention.

[205 Ga.App. 814] Reasons for brief investigatory stops need not rise to the level of probable cause to make an arrest, but merely to the level of articulable suspicion that the law was being violated. Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 1884, 20 L.Ed.2d 889 (1968); see also Shaw v. State, 179 Ga.App. 807, 348 S.E.2d 132 (1986).

At the hearing on Harris' motion to suppress, Officer Gary Casteloes testified that he and other drug agents were performing a routine patrol in a "known drug area" where there are "many shootings." When Harris and several other individuals saw the patrol car, they began running. The flight of the individuals prompted the officers to chase them.

Casteloes testified that it had been his experience that when police patrol "high drug areas," individuals with drugs on their person usually run upon the arrival of the police. An individual's flight upon seeing a police officer may be some evidence of guilt. See generally Green v. State, 127 Ga.App. 713, 715, 194 S.E.2d 678 (1972) (where this court held that flight along with other circumstances is sufficient to create probable cause for a warrantless arrest). Under the totality of the circumstances, we conclude that Harris' flight after observing the police car gave the officers sufficient articulable suspicion to conduct a Terry "stop and frisk."

2. Harris further contends that the trial court erred in ruling that the evidence sought to be suppressed was obtained as a result of a valid consensual search as Harris' consent to the search was not given freely and voluntarily.

After Harris was apprehended, Casteloes frisked him and, in doing so, felt an object in his pocket. Casteloes asked Harris what the object was, and Harris replied...

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20 practice notes
  • Illinois v Wardlow, 981036
    • United States
    • Supreme Court of Illinois
    • January 12, 2000
    ...2d 77, 454 N. W. 2d 763 (Wis. 1990) (flight alone is sufficient); Platt v. State, 589 N. E. 2d 222 (Ind. 1992) (same); Harris v. State, 205 Ga. App. 813, 423 S. E. 2d 723 (1992) (flight in high crime area sufficient); State v. Hicks, 241 Neb. 357, 488 N. W. 2d 359 (1992) (flight is not enou......
  • State v. Sapp, No. A94A1335
    • United States
    • United States Court of Appeals (Georgia)
    • July 26, 1994
    ...stop, the arresting officer recognized appellant and his car as having been involved in a recent drug investigation); Harris v. State, 205 Ga.App. 813, 423 S.E.2d 723 (defendant voluntarily consented to removal of tissue from his pocket detected during a Terry stop and frisk); State v. Holt......
  • Corley v. State, No. A98A2018.
    • United States
    • United States Court of Appeals (Georgia)
    • February 8, 1999
    ...Ga.App. 527, 275 S.E.2d 113 (1980). Our decisions in Aranda v. State, 226 Ga. App. 157, 159(2), 486 S.E.2d 379 (1997); Harris v. State, 205 Ga.App. 813, 814, 423 S.E.2d 723 (1992); and Conley v. State, 180 Ga.App. 662, 663-664, 350 S.E.2d 45 (1986), do not alter this result. In each of thos......
  • People v. Wardlow, No. 1-96-0094
    • United States
    • United States Appellate Court of Illinois
    • March 18, 1997
    ...from police officers in a high crime area justifies a stop, other jurisdictions are divided on the question. Compare Harris v. State, 205 Ga.App. 813, 423 S.E.2d 723 (1992), and State v. White, 660 So.2d 515 (La.Ct.App.1995)(flight from police officers in high crime area justifies investiga......
  • Request a trial to view additional results
20 cases
  • Illinois v Wardlow, 981036
    • United States
    • Supreme Court of Illinois
    • January 12, 2000
    ...2d 77, 454 N. W. 2d 763 (Wis. 1990) (flight alone is sufficient); Platt v. State, 589 N. E. 2d 222 (Ind. 1992) (same); Harris v. State, 205 Ga. App. 813, 423 S. E. 2d 723 (1992) (flight in high crime area sufficient); State v. Hicks, 241 Neb. 357, 488 N. W. 2d 359 (1992) (flight is not enou......
  • State v. Sapp, No. A94A1335
    • United States
    • United States Court of Appeals (Georgia)
    • July 26, 1994
    ...stop, the arresting officer recognized appellant and his car as having been involved in a recent drug investigation); Harris v. State, 205 Ga.App. 813, 423 S.E.2d 723 (defendant voluntarily consented to removal of tissue from his pocket detected during a Terry stop and frisk); State v. Holt......
  • Corley v. State, No. A98A2018.
    • United States
    • United States Court of Appeals (Georgia)
    • February 8, 1999
    ...Ga.App. 527, 275 S.E.2d 113 (1980). Our decisions in Aranda v. State, 226 Ga. App. 157, 159(2), 486 S.E.2d 379 (1997); Harris v. State, 205 Ga.App. 813, 814, 423 S.E.2d 723 (1992); and Conley v. State, 180 Ga.App. 662, 663-664, 350 S.E.2d 45 (1986), do not alter this result. In each of thos......
  • People v. Wardlow, No. 1-96-0094
    • United States
    • United States Appellate Court of Illinois
    • March 18, 1997
    ...from police officers in a high crime area justifies a stop, other jurisdictions are divided on the question. Compare Harris v. State, 205 Ga.App. 813, 423 S.E.2d 723 (1992), and State v. White, 660 So.2d 515 (La.Ct.App.1995)(flight from police officers in high crime area justifies investiga......
  • Request a trial to view additional results

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