329 Ga. App. 244
Ga. Ct. App.2014Background
- At 8:26 a.m. on July 27, 2010, a Whitfield County deputy observed Christian’s pickup making a scratching noise and appearing to “grip” the pavement; the truck had Tennessee plates.
- Deputy ran the tag via dispatch, was told the tag was “not on file,” and stopped the vehicle to investigate registration.
- Upon approach, the deputy smelled alcohol, conducted field-sobriety tests (Christian showed impairment), and obtained two Intoxilyzer readings of .137 and .139.
- Dispatch also informed the deputy that Christian’s license was subject to travel restrictions; he was driving to a store.
- Christian was convicted in probate court of DUI and violating conditions of a limited driving permit; convictions were affirmed by the superior court.
- On appeal, Christian challenged (1) the stop as lacking reasonable articulable suspicion and (2) admission of GCIC printouts for lack of proper foundation.
Issues
| Issue | Christian's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable and articulable suspicion | Stop was not justified; dispatch “not on file” return insufficient | Officer had reasonable suspicion to stop because tag return suggested unregistered plate, a misdemeanor | Stop was lawful; trial court correctly denied suppression |
| Whether testimony about dispatch’s report was hearsay | Testimony was hearsay and inadmissible | Testimony was non-hearsay; offered to explain officer’s conduct, not to prove truth | Admission was proper as explanation for officer’s conduct |
| Whether GCIC printouts were properly authenticated under former OCGA § 24-3-17(b) | Foundation was inadequate; witness not certified and did not personally obtain printout | Printout came from office GCIC terminal and clerk could read it | Foundation was insufficient; printout inadmissible |
| Whether evidence supported conviction for violating limited driving conditions | Driving-history printout was only evidence of restricted license status; without it conviction unsupported | State argued printout showed restriction | Conviction for violating limited driving reversed due to inadmissible foundation for GCIC evidence |
Key Cases Cited
- Delaware v. Prouse, 440 U.S. 648 (stopping vehicle to check license/registration requires articulable suspicion)
- Reid v. State, 321 Ga. App. 653 (standard for reviewing suppression rulings and articulable-suspicion analysis)
- Fannin v. State, 267 Ga. App. 413 (proper GCIC foundation where certified operator testified she obtained printout from approved terminal)
- Jackson v. State, 228 Ga. App. 877 (GCIC printout authenticated via origination agency identity number and terminal connection testimony)
- Tolbert v. State, 227 Ga. App. 647 (reversal where State failed to show printout was obtained from a GCIC-connected terminal)