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810 S.E.2d 660
Ga. Ct. App.
2018
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Background

  • 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)
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Case Details

Case Name: Harris v. State
Court Name: Court of Appeals of Georgia
Date Published: Feb 14, 2018
Citations: 810 S.E.2d 660; A17A1785
Docket Number: A17A1785
Court Abbreviation: Ga. Ct. App.
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