Background

• Gattison was convicted of possessing less than one ounce of marijuana after a bench trial; he appeals the denial of his motion to suppress evidence seized after a police stop.
• On Jan. 12, 2010, Officer Steven McLean observed six males on a sidewalk and perceived a heated discussion that could escalate into a fight.
• The officer blocked the roadway, approached on foot, and asked the group to return so he could speak with them; Gattison complied.
• Gattison admitted he had marijuana in his pocket, and a green leafy substance was found in his pocket.
• The trial court found the officer had reasonable suspicion based on the group’s body language and potential escalation to a fight.
• The appellate court reversed, holding the stop was not supported by reasonable suspicion and was based on a mere hunch.

Issues

Key Cases Cited

• Black v. State, 281 Ga.App. 40, 635 S.E.2d 568 (2006) (three-tier framework; second-tier stop requires specific articulable facts)
• Groves v. State, 306 Ga.App. 779, 703 S.E.2d 371 (2010) (articulable facts required for second-tier stop)
• Martin v. State, State v. Martin, 291 Ga.App. 548, 662 S.E.2d 316 (2008) (distinguishes mere hunch from reasonable suspicion; no vehicle drift here)
• Nelson v. State, 252 Ga.App. 454, 556 S.E.2d 527 (2001) (inherent power to protect safety; not applicable to present facts when no actual escalation)
• Miller v. State, 288 Ga. 286, 702 S.E.2d 888 (2010) (stop based on mere hunch; limits on pursuit of non-violative conduct)