343 Ga. App. 310
Ga. Ct. App.2017Background
- Officer Rogers patrolled a high-crime hotel property and encountered a group of five men in a breezeway; Johnson made eye contact, looked away, and pulled up his pants.
- Rogers testified he interpreted Johnson pulling up his pants as preparation to flee; Rogers said “Don’t do it,” Johnson ignored it and ran.
- Rogers pursued Johnson across varied terrain, eventually apprehending him, subduing him with a Taser, and arresting him for obstruction of an officer. A search incident to arrest uncovered marijuana in Johnson’s pocket.
- Johnson moved to suppress the marijuana, arguing the arrest lacked probable cause; the trial court denied the motion, credited Rogers’ testimony, and convicted Johnson (bench trial) of possession and obstruction.
- On appeal the court reviewed undisputed facts de novo and considered whether flight during a first-tier encounter can supply probable cause for arrest for obstruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether police had probable cause to arrest Johnson for obstruction after he fled | Johnson: fleeing from a first-tier encounter is lawful and does not support obstruction arrest | State: Johnson’s unprovoked flight in a high-crime area justified detention under Wardlow and, when he continued fleeing after orders, gave probable cause for obstruction | Court: Flight during a first-tier encounter cannot, as a matter of law, constitute obstruction; arrest lacked probable cause |
| Admissibility of marijuana found incident to arrest | Johnson: evidence was fruit of unlawful arrest and must be suppressed | State: search was incident to a lawful arrest for obstruction, so evidence admissible | Court: because arrest was unlawful, the seized marijuana must be suppressed; conviction reversed |
Key Cases Cited
- Illinois v. Wardlow, 528 U.S. 119 (197) (unprovoked flight in high-crime area can support reasonable suspicion for investigatory stop)
- Bodiford v. State, 328 Ga. App. 258 (Ga. Ct. App.) (trial-court fact findings at suppression hearing afford deference)
- Jones v. State, 291 Ga. 35 (Ga.) (where suppression hearing evidence is uncontroverted, appellate review is de novo)
- Ewumi v. State, 315 Ga. App. 656 (Ga. Ct. App.) (flight alone from a first-tier encounter does not give probable cause for obstruction; drugs found after unlawful arrest inadmissible)
- In the Interest of J. B., 314 Ga. App. 678 (Ga. Ct. App.) (distinguishes three tiers of police-citizen encounters; voluntary departure marks a first-tier encounter)
- Black v. State, 281 Ga. App. 40 (Ga. Ct. App.) (running from police during a first-tier encounter does not justify seizure or arrest for obstruction)
- State v. Dukes, 279 Ga. App. 247 (Ga. Ct. App.) (officer cannot arrest for obstruction based solely on a person fleeing a first-tier encounter)