Wooten v. State
| Decision Date | 28 May 1975 |
| Docket Number | No. 50251,No. 2,50251,2 |
| Citation | 135 Ga.App. 97,217 S.E.2d 350 |
| Parties | K. L. WOOTEN v. The STATE |
| Court | Georgia Court of Appeals |
Darvin R. Purdy, Atlanta, for appellant.
David N. Vaughan, Jr., Dist. Atty., Cartersville, for appellee.
K. L. Wooten appeals his conviction from indictments charging him with obstruction of an officer and simple battery. In addition to the general grounds, appellant enumerates error in the trial court's refusal to direct a verdict and in the court's alleged refusal 'to hear or entertain Appellant's Motion For Directed Verdict of Acquittal.'
The central issue presented in this case concerns the legality of appellant's arrest in Bartow County by a policeman for the City of Acworth, located in Cobb County. While on patrol duty in Acworth, Officer Williams spotted a speeding car with an improper headlight. His attempt to stop this car, led him on a high-speed chase outside the Acworth city limits and into Bartow County. The driver and sole occupant of the vehicle, McBee, was finally apprehended and arrested on charges of driving under the influence, speeding, failing to stop, and maintaining an improper headlamp. McBee was returned to Acworth by another city policeman, while Officer Williams remained on the highway to direct traffic and insure the safe removal of McBee's car. It was at this point that appellant came upon the scene.
Officer Williams testified to the following series of occurrences: While directing highway traffic around McBee's car, he was approached by appellant, who announced his intention of removing the vehicle. The officer informed appellant that he had no right nor authority to take McBee's car and that a tow truck was on the way. Despite warnings to 'move on,' appellant persisted in his demand to take possession of the vehicle. Officer Williams then gave appellant the option of leaving the scene or facing arrest for obstructing an officer. Choosing the latter course, appellant walked into the middle of the highway where the officer was directing traffic. Upon being informed that he was under arrest, appellant struck Officer Williams with his first. After a brief scuffle, appellant ran away. The officer later obtained a warrant for his arrest: Held:
1. 'A person who knowingly and wilfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.' Criminal Code Ann. § 26-2505. While Section 9 of the Act approved February 16, 1938 (Ga.L.1938, pp. 558, 561; Code Ann. § 92A-509) provides 'that officers of an incorporated municipality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other laws,' our courts have recognized, as an exception to this rule, instances in which a crime is committed in the municipality and the officer's 'hot pursuit' takes him beyond his geographical limits to effectuate the arrest. Shirley v. City of College Park, 102 Ga.App. 10(2), 115 S.E.2d 469. Appellant concedes the legality of McBee's arrest, but argues 'that once Officer Williams had effectuated his arrest on the individual he had followed outside the jurisdiction of Acworth, Georgia, that the cloak of authority of (Officer) Williams to arrest the Appellant of the jurisdiction of Bartow County, Georgia immediately ceased.'
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Poss v. State
...pursuit" of an offender takes a municipal officer beyond his geographical limits in order to effectuate an arrest. Wooten v. State, 135 Ga.App. 97, 98, 217 S.E.2d 350 (1975); Shirley v. City of College Park, 102 Ga.App. 10(2), 115 S.E.2d 469 (1960). See also Martasin v. State, 155 Ga.App. 3......
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Martasin v. State, 59673
...to arrest and the power to perform other normal police functions incidental to and necessitated by the arrest." Wooten v. State, 135 Ga.App. 97, 99, 217 S.E.2d 350 (1975). The trial court was correct in denying the motion to suppress. Judgment affirmed. McMURRAY, P. J., concurs. SMITH, J., ......
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McLarty v. State
...original offense which authorized the initial stop and arrest. See Martasin v. State, 155 Ga.App. 396, 271 S.E.2d 2; Wooten v. State, 135 Ga.App. 97(1), 217 S.E.2d 350. Clearly, if the defendant was driving under the influence in Clarke County, he was driving under the influence in Barrow C......
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Askew v. State, 55064
...denied the motion as the officer who initially arrested the defendants out of his jurisdiction was in hot pursuit (see Wooten v. State,135 Ga.App. 97, 217 S.E.2d 350), and had probable cause to stop the vehicle and the occupants and to search the car without a warrant. As long as there is p......