Bacallao v. State
307 Ga. App. 539
| Ga. Ct. App. | 2011Background
- Bacallao was convicted of DUI per se and DUI less safe after a bench trial.
- She challenged the trial court’s denial of her motion to suppress the stop and resulting detention.
- A Georgia State Patrol roadblock in Oconee County screened licenses, safety, and impairment.
- Officer Parker smelled alcohol on Bacallao and administered field sobriety and breath tests.
- Two breath tests yielded a BAC of 0.106; Bacallao was arrested for DUI.
- Trial court held the initial encounter was first-tier and permitted detention without articulable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial contact a first-tier encounter? | Bacallao argues the stop required articulable suspicion. | State argues the initial contact was a first-tier encounter. | Yes; initial contact was first-tier, no suspicion required. |
| Did the odor of alcohol provide articulable suspicion to detain further? | Bacallao contends odor alone did not justify detainment. | State asserts odor supplied articulable suspicion for further inquiry. | Yes; odor provided articulable suspicion to investigate further. |
| Was the roadblock detention permissible given standards for searches and seizures? | Bacallao contends detention violated Fourth Amendment protections. | State maintains permissible first-tier encounter and subsequent detainment were valid. | Detention upheld as lawfully supported by first-tier encounter and odor-based suspicion. |
Key Cases Cited
- State v. Causey, 246 Ga. App. 829, 540 S.E.2d 696 (2000) (Ga. App. 2000) (establishes framework for encounters and seizures)
- Stokes v. State, 238 Ga. App. 230, 518 S.E.2d 447 (1999) (Ga. App. 1999) (permits initial inquiry without detention if no compulsion)
- Taylor v. State, 249 Ga. App. 733, 549 S.E.2d 536 (2001) (Ga. App. 2001) (trusts trial court findings when reviewing suppressions)
- Jorgensen v. State, 207 Ga. App. 545, 428 S.E.2d 440 (1993) (Ga. App. 1993) (distinguishes first-tier encounters from detentions)
- Kaylor, State v. Kaylor, 234 Ga. App. 495, 507 S.E.2d 233 (1998) (Ga. App. 1998) (first-tier encounter where individual could leave)
- Carrera v. State, 261 Ga. App. 832, 584 S.E.2d 2 (2003) (Ga. App. 2003) (approach to parked car and non-coercive searches)
- Blankenship v. State, 301 Ga. App. 602, 688 S.E.2d 395 (2009) (Ga. App. 2009) (odor can justify further investigation)
- Butler v. State, 303 Ga. App. 564, 694 S.E.2d 168 (2010) (Ga. App. 2010) (guides standard of review in suppressions)