Johnson v. State
324 Ga. App. 508
Ga. Ct. App.2013Background
- Johnson was convicted by a DeKalb County jury of kidnapping with bodily injury, aggravated assault, and possession of a firearm during the commission of a crime.
- He appealed the denial of his motion to suppress, arguing the stop of the vehicle he rode in as a passenger lacked reasonable suspicion.
- Around midnight on November 1-2, 2010, Johnson and three others went to the victim’s house; the victim did not know Johnson.
- At Aspen Woods, Gaither left the car to obtain a contact for marijuana; the group returned to the car and waited to be let inside an apartment.
- During the encounter, the victim was abducted, duct-taped, bound, and placed in the car trunk, while a suspect stood by with a shotgun.
- A Aspen Woods resident observed two men, four black males in black clothing around a silver vehicle, and called 911 reporting a burglary in progress.
- The 911 dispatcher relayed a possible burglary to responding officers; a silver vehicle matching the description left the complex with four black males.
- Officers stopped the silver car at an intersection on Candler Road shortly after the dispatch, and Johnson, among others, were detained.
- A shotgun was found in the vehicle; Johnson was removed and searched, and shotgun shells were found on him; the trunk was opened revealing the victim hog-tied and injured.
- The 911 caller corroborated the officers’ observations at the scene.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop the vehicle? | Johnson | Johnson | Yes; stop supported by articulable suspicion |
| Was the arrest supported by probable cause or properly restrained as a stop? | Johnson argued arrest lacked probable cause | State argued handcuffing was reasonable during stop | Arrest/handcuffing reasonable; no violation; issue deemed waived or without merit |
Key Cases Cited
- Walker v. State, 314 Ga. App. 67 (Ga. App. 2012) (standard for reviewing suppression rulings; de novo on undisputed facts)
- Johnson v. State, 313 Ga. App. 137 (Ga. App. 2011) (reasonableness of suspicion when relying on informant information)
- Fleming v. State, 281 Ga. App. 207 (Ga. App. 2006) (credible citizen information can support suspicion)
- Prather v. State, 279 Ga. App. 873 (Ga. App. 2006) (dispatch corroboration supports articulable suspicion)
- Boone v. State, 282 Ga. App. 67 (Ga. App. 2006) (BOLO corroboration and traffic-stop basis)
- McNair v. State, 267 Ga. App. 872 (Ga. App. 2004) (objective reasonable suspicion when matched to BOLO)
- Gray v. State, 296 Ga. App. 878 (Ga. App. 2009) (handcuffing during stop permissible for safety)