Durden v. State
320 Ga. App. 218
| Ga. Ct. App. | 2013Background
- Durden was indicted for possession with intent to distribute after police found crack cocaine and cash on him.
- An Atlanta police officer encountered Durden after a concerned citizen described a drug seller matching Durden’s description.
- Durden could not produce identification; he appeared nervous and kept hands in his pockets.
- Durden was asked to remove his hands; he complied, and the officer asked about selling drugs, Durden responded as described.
- The officer searched Durden’s pockets and found 3.3 grams crack cocaine and about $600.
- Durden moved to suppress the drugs and cash; the trial court denied the motion, ruling the stop was second-tier with reasonable suspicion and Durden consented to the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was justified by reasonable suspicion | Durden argues the tip was anonymous and lacked reliability. | Durden contends the informant did not create reasonable suspicion. | Yes; the trial court’s finding of reasonable suspicion was upheld. |
| Whether the stop was a second-tier investigatory stop | Durden claims the encounter remained consensual or was not sufficiently restrained. | State contends the initial confrontation escalated into a second-tier stop when asked to stop and remove hands. | Yes; the encounter escalated to a second-tier stop, requiring reasonable suspicion. |
| Whether the informant was a concerned citizen and thus presumptively reliable | Anonymous tipster characterization renders the information unreliable. | Reliability can be presumed if the informant is a concerned citizen who witnessed the crime and reported in person. | The informant was properly deemed a concerned citizen, allowing presumptive reliability. |
| Whether Durden voluntarily consented to the search | Durden’s statement was ambiguous and did not authorize a search. | Durden’s response to ‘go ahead’ indicated consent and was voluntary. | Yes; consent was voluntary and valid, supporting the search. |
Key Cases Cited
- Riding v. State, 269 Ga. App. 289 (Ga. App. 2004) (face-to-face tip can support reasonable suspicion for stop)
- Noble, 179 Ga. App. 785 (Ga. App. 1986) (concerned citizen reliability when reporting in person)
- Register v. State, 315 Ga. App. 776 (Ga. App. 2012) (anonymous tip requires corroboration unless reliability shown)
- Slocum v. State, 267 Ga. App. 337 (Ga. App. 2004) (informant reliability standards for reasonable suspicion)
- Dominguez v. State, 310 Ga. App. 370 (Ga. App. 2011) (burden on State to prove reasonable suspicion for investigatory stop)
- Jones v. State, 291 Ga. 35 (Ga. 2012) (framework for evaluating police-citizen encounters and suspicions)
- Walker v. State, 299 Ga. App. 788 (Ga. App. 2009) (second-tier determination based on commands to stop)