Christy v. State
315 Ga. App. 647
Ga. Ct. App.2012Background
- Christy was stopped for alleged excessive window tinting on his gray Mustang.
- He was charged with DUI less safe, DUI per se, fleeing a police officer, open container, excessive tinting, and speeding.
- Christy moved to suppress the stop and to dismiss the excessive-tinting charge, arguing the tinting statute was unconstitutional.
- The trial court ruled the tinting statute unconstitutional but denied suppression, and Christy proceeded to a stipulated bench trial.
- The court found him guilty of DUI per se, DUI less safe, and speeding (other charges not guilty).
- On appeal, Christy contested suppression and the stop’s legality, challenging the stop as based on an unconstitutional statute and as an arrest without probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suppressing evidence was proper despite statute's unconstitutionality. | Christy argues the unconstitutional tinting statute doomed the stop and required suppression. | Christy asserts the stop was valid under the statute and lawful at second tier. | Statutory unconstitutionality did not compel suppression; stop valid. |
| Whether the stop amounted to an arrest without probable cause. | Christy contends drawing weapon and handcuffing transformed it into an unlawful arrest. | State contends it was a permissible second-tier investigatory stop with temporary detention for safety. | Encounter was a second-tier stop, not a full arrest; suppression not warranted. |
Key Cases Cited
- Ciak v. State, 278 Ga. 27 (2004) (unconstitutionality of tinting statute did not require suppressing evidence)
- Michigan v. DeFillippo, 443 U.S. 31 (1979) (police enforcement of laws pending constitutionality; caution against arbitrary nullification)
- Simmons v. State, 283 Ga.App. 143 (2009) (prior rule on traffic stops and reasonable suspicion)
- Lewis v. State, 294 Ga.App. 607 (2008) (three-tier framework for police-citizen encounters; investigatory stop not automatic arrest because armed)
- Stringer v. State, 285 Ga. 842 (2009) (handcuff during investigatory stop may be reasonable)