810 S.E.2d 660
Ga. Ct. App.2018Background
- Officer observed Harris at a traffic light; Harris signaled right, then drove through an adjacent gas station parking lot and exited on the far side to avoid the intersection and light.
- Officer stopped Harris, believing the detour violated OCGA § 40-6-20 (traffic-control device obedience).
- During the stop, the officer suspected Harris was driving under the influence and arrested him for DUI; Harris was also charged with a traffic-control violation.
- At the suppression hearing the facts were essentially undisputed; the trial court found no statutory violation but concluded the officer’s mistake of law was a "reasonable but honest" belief, thus the stop was lawful.
- Following a bench trial Harris was convicted of DUI; he appealed the denial of his motion to suppress.
- The Court of Appeals reversed, holding the officer’s legal mistake was not objectively reasonable and the stop lacked reasonable articulable suspicion, so the evidence should have been suppressed.
Issues
| Issue | Harris's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable articulable suspicion where the officer stopped Harris for driving through a gas station to avoid a traffic signal | The detour did not violate OCGA § 40-6-20; officer’s legal mistake cannot supply reasonable suspicion | Officer acted in good faith and reasonably believed a traffic-control-device violation occurred, supplying reasonable suspicion | The officer’s mistake of law was not objectively reasonable under Heien; no reasonable articulable suspicion existed; stop unconstitutional, suppression required |
Key Cases Cited
- Heien v. North Carolina, 135 S. Ct. 530 (2014) (Fourth Amendment tolerates only objectively reasonable mistakes of law or fact for reasonable-suspicion analysis)
- Abercrombie v. State, 343 Ga. App. 774 (2017) (applies Heien; officer’s mistaken-but-honest belief must be objectively reasonable under statutory construction)
- Jones v. State, 291 Ga. 35 (2012) (establishes requirement of specific and articulable facts for reasonable suspicion and standard of de novo review when facts undisputed)
- Lucas v. State, 284 Ga. App. 450 (2007) (State bears burden to prove lawfulness of search and seizure)