EWUMI v. State
315 Ga. App. 656
| Ga. Ct. App. | 2012Background
- Ewumi was convicted by jury of felony obstruction, simple battery, and possession of less than one ounce of marijuana.
- On appeal, Ewumi challenged suppression, sufficiency of the evidence, and failure to instruct on resisting unlawful arrest.
- Shortly after midnight in a high‑crime Clayton County area, an officer encountered Ewumi while searching for shell casings after shots were fired.
- Ewumi walked away when approached; he fled, tripped on stairs, and an officer handcuffed and arrested him after a struggle.
- At the station, marijuana wrapped in paper was found in Ewumi’s mouth; Ewumi moved to suppress evidence as stemming from an unlawful arrest.
- The trial court denied suppression; the Court of Appeals reversed, holding the arrest was unlawful and the evidence insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the arrest unlawful and suppression proper? | Ewumi asserts the initial encounter was first-tier and there was no probable cause for arrest. | State contends the encounter became a second-tier stop with reasonable suspicion and supported the arrest. | Arrest unlawful; suppression required. |
| Was there sufficient probable cause for the obstruction and battery charges? | Ewumi argues there was no probable cause to arrest for obstruction or battery. | State argues there was probable cause based on the officer’s observations and Ewumi’s actions. | Convictions for obstruction and battery reversed; no sufficient probable cause. |
| Was the marijuana conviction properly based on admissible evidence? | Ewumi contends marijuana evidence was obtained via unlawful arrest and should be suppressed. | State maintains evidence was lawfully obtained and admissible. | Conviction for marijuana reversed due to unlawful arrest. |
Key Cases Cited
- Sidner v. State, 304 Ga.App. 373 (2010) (right to resist unlawful arrest; force permissible)
- Black v. State, 281 Ga.App. 40 (2006) (first-tier vs second-tier encounters; walk away rights)
- Dukes v. State, 279 Ga.App. 247 (2006) (second-tier stop principles; fleeing defendant)
- Crowley v. State, 267 Ga.App. 718 (2004) (second-tier detentions; flight as factor)
- Hubbard v. State, 311 Ga.App. 671 (2011) (probable cause standard for arrest)
- Pearson v. State, 224 Ga.App. 467 (1997) (merger considerations between obstruction and battery)