Hernandez-Lopez v. State
319 Ga. App. 662
Ga. Ct. App.2013Background
- Hernandez-Lopez appeals an order denying suppression of a traffic stop following an LPR alert.
- Gwinnett County Sheriff’s Department patrol cars use an LPR system that reads plates and queries a multi-agency database for wanted persons.
- The LPR alerted to a male matching Hernandez-Lopez as wanted for failure to appear; officer stopped the vehicle.
- The driver provided a Mexican ID; the officer learned the first name did not match the wanted person’s name.
- A GCIC check found no such driver; Hernandez-Lopez was arrested for driving without a license.
- The trial court denied suppression; this interlocutory appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the LPR alert provided reasonable suspicion for a stop | Hernandez-Lopez | Hernandez-Lopez | Yes; LPR alert supported reasonable suspicion |
| Whether LPR data meets foundational admissibility requirements | Hernandez-Lopez | Hernandez-Lopez | No error; LPR not governed by radar-detection rules; stop justified |
Key Cases Cited
- Humphreys v. State, 304 Ga. App. 365 (Ga. App. 2010) (reviewing suppression; construe evidence in appellant’s favor)
- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979) (stopping for license/registration requires articulable suspicion)
- New York v. Class, 475 U.S. 106 (1986) (plain view/visibility; police may rely on observed license plates)
- United States v. Knotts, 460 U.S. 276 (U.S. 1983) (augmentation of sensory faculties with technology permissible)
- Horne v. State, 318 Ga. App. 484 (Ga. App. 2012) (supports stop based on lawful traffic stop leading to license check)