In Re Jb
314 Ga. App. 678
| Ga. Ct. App. | 2012Background
- Around 3:00 p.m. on February 22, 2011, four Griffin Police Crime Suppression Unit officers observed J.B. and others in a vacant lot known for drug and gang activity.
- The officers turned around and parked near a path leading from the lot to a street used by pedestrians; as they returned, J.B. and two others began walking away.
- One officer asked J.B. what his hurry was; J.B. did not respond, and officers directed him to walk back to the vacant lot to determine what was going on.
- Back at the lot, a bandana dropped by two youths was observed; officers questioned the group and began a pat-down; a black bandana similar to the others suggested gang affiliation.
- During pat-down, J.B. allegedly resisted by keeping his feet together and attempting to move toward his waistband; a small handgun concealed in his pant-leg fell during the pat-down.
- J.B. was charged with carrying a concealed weapon, possession of a handgun by a minor, and loitering; he moved to suppress the handgun as unlawfully obtained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the detention/search violated the Fourth Amendment. | JB: detention lacked reasonable suspicion and was unlawful. | State: detention justified by gang/drug activity in the area. | Unlawful detention; suppression reversed. |
| Whether the evidence supports loitering beyond a reasonable doubt. | JB: no articulable basis to prove loitering. | State: officers observed suspicious circumstances supporting loitering. | Insufficient evidence; loitering adjudication reversed. |
Key Cases Cited
- Thomas v. State, 301 Ga.App. 198 (2009) (two-tier encounter and need for articulable suspicion)
- Black v. State, 281 Ga.App. 40 (2006) (second-tier detention requires articulable basis)
- Thomas v. State, 301 Ga.App. 202 (2009) (flight as a factor in loitering analysis)
- Evans v. State, 216 Ga.App. 21 (1995) (loitering and articulable suspicion standards)
- Bell v. State, 252 Ga. 267 (1984) (constitutional interpretation of loitering statute)
- G.L.B. (In the Interest of G.L.B.), 301 Ga.App. 619 (2009) (standards for reviewing sufficiency of juvenile adjudications)
- Culpepper v. State, 312 Ga.App. 115 (2011) (reasons to scrutinize self-serving police testimony)