Allen v. State
325 Ga. App. 156
Ga. Ct. App.2013Background
- Defendant Deondrez Allen was a passenger in a vehicle stopped after a BOLO for armed robbers; officer followed and pulled the car over in a business parking lot around 3 a.m.
- BOLO description: a Dodge Charger, color described only as “silver or dark,” occupants described only as “black males”; no direction of travel, number of occupants, vehicle year, or distinguishing features given.
- The BOLO was issued in connection with armed robberies that had occurred in the area up to a few days earlier; the most recent robbery was more than three hours before the stop and the stop occurred about three miles from the crime scene.
- Officer smelled marijuana upon approaching the car and later found marijuana; Allen was charged with possession with intent to distribute and moved to suppress the evidence.
- Trial court denied the motion to suppress; Allen appealed interlocutorily and this court reviews de novo the legal issue because the factual account was undisputed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BOLO provided reasonable, particularized suspicion to justify an investigative stop | BOLO was too vague (only make, broad color, race/gender, no direction, no time proximity) to create reasonable suspicion | BOLO identifying a Dodge Charger in the area with occupants matching robbery suspects was sufficient to justify the stop | Stop was unjustified: BOLO was insufficiently particularized and did not give reasonable suspicion to stop the vehicle |
Key Cases Cited
- State v. Sanders, 274 Ga. App. 393 (discussing de novo review when facts are undisputed)
- Darden v. State, 293 Ga. App. 127 (reasonable-suspicion standard for investigative stops and totality-of-circumstances analysis)
- Vansant v. State, 264 Ga. 319 (vehicle description must be particularized; overly general BOLOs do not justify stops)
- State v. Dias, 284 Ga. App. 10 (BOLO with general color and minimal suspect descriptors insufficient)
- Murray v. State, 282 Ga. App. 741 (insufficient BOLO for pickup truck did not justify stop)
- State v. Burns, 238 Ga. App. 683 (multi-day-old, vague BOLO for a vehicle insufficient to justify stop)
- State v. Wolf, 317 Ga. App. 706 (vague BOLO listing only race/gender and make/color insufficient for stop)
- Thomason v. State, 268 Ga. 298 (contrast case where BOLO was sufficiently detailed — year, distinct color/top, occupants)
- Shorter v. State, 239 Ga. App. 625 (sufficient facts where BOLO included color and number of occupants and the vehicle exhibited dangerous driving near the crime scene)