Jones v. State
314 Ga. App. 107
Ga. Ct. App.2012Background
- Jones was convicted at a bench trial of DUI-less safe, DUI-per se, and driving without a license after stipulating to the suppression record.
- The trial court denied Jones's motion to suppress; on appeal he argues there was no articulable suspicion or probable cause to stop his vehicle.
- The stop occurred around 12:22–12:29 a.m. after deputies responded to a domestic disturbance with shots fired reported near 131 Concord Drive.
- Witnesses testified a deputy saw a truck pulling out of a driveway, and another deputy observed a truck in the vicinity doing so from about 500–600 feet away; no other vehicles were seen leaving driveways nearby.
- Jones was unsteady, had watery and bloodshot eyes, slurred/incoherent speech, and a strong odor of alcohol; field sobriety tests and an alco-sensor were conducted, leading to his arrest.
- The appellate court applied the totality-of-the-circumstances standard to whether the stop was justified and affirmed the trial court’s denial of the motion to suppress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by articulable suspicion | Jones argues no articulable suspicion. | State contends totality of circumstances supported suspicion. | Stop supported by articulable suspicion |
| Whether the stop was improper given location and time | Jones notes dense area and multiple driveways undermine specificity. | State relies on deputy training and proximity to the disturbance to justify the stop. | Stop reasonable under totality of circumstances |
| Whether the sobriety evidence was tainted by an invalid stop | Suppression of evidence due to unlawful stop. | Stop valid; DUI investigation properly followed. | Conviction affirmed; suppression denied |
Key Cases Cited
- Raulerson v. State, 223 Ga.App. 556 (Ga. Ct. App. 1996) (reasonable suspicion requires more than a hunch)
- Rolfe v. State, 278 Ga.App. 605 (Ga. Ct. App. 2006) (totality of the circumstances test for stops)
- State v. Causey, 246 Ga.App. 829 (Ga. Ct. App. 2000) (two-element totality-of-the-circumstances framework)
- United States v. Cortez, 449 U.S. 411 (Supreme Court 1981) (establishes totality-of-the-circumstances framework)
- United States v. Arvizu, 534 U.S. 266 (Supreme Court 2002) (police may draw on experience to form reasonable inferences)
- Howard v. State, 265 Ga.App. 835 (Ga. Ct. App. 2004) (degenerates into permissible inferences from observed signs)
- Buffington v. State, 228 Ga.App. 810 (Ga. Ct. App. 1997) (detention must be non-arbitrary, not harassing)
- Tousley v. State, 271 Ga.App. 874 (Ga. Ct. App. 2005) (applies totality-of-circumstances standard)