Jones v. State, 291 Ga. 35

Jones was convicted of DUI; Court of Appeals affirmed in an unpublished opinion.
A Georgia State Patrol roadblock in Coweta County led to Jones turning into a strip mall parking lot.
Trooper blocked the parking lot exit with his patrol car and questioned the SUV driver first, then approached Jones.
Trooper smelled alcohol and marijuana and arrested Jones after field sobriety tests and a breath/alco-sensor reading.
Jones moved to suppress the results, arguing the stop and detention lacked reasonable suspicion; trial court denied the motion.
Supreme Court granted certiorari to address whether the initial encounter was a seizure and whether there was reasonable suspicion to stop Jones; Court held the detention was a seizure and there was no reasonable suspicion, reversing the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the initial encounter was a seizure requiring reasonable suspicion	Jones	State	Seizure occurred; no reasonable suspicion found
Whether the traffic stop was supported by reasonable suspicion	Jones lacked driving violation evidence	SUV driver’s earlier abrupt turn created suspicion	No reasonable suspicion; stop invalid; evidence suppressed

In re D.H., 285 Ga. 51 (Ga. 2009) (Fourth Amendment verbal encounters and seizures guidance)
Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (consensual encounters can become seizures under certain circumstances)
United States v. Mendenhall, 446 U.S. 544 (U.S. 1980) (test for when a person is seized by police)
Brendlin v. California, 551 U.S. 249 (U.S. 2007) (seizure occurs when a person’s freedom of movement is restrained by police)
Jorgensen v. State, 207 Ga.App. 545 (Ga. Ct. App. 1993) (no reasonable suspicion from lack of evidence of driving maneuver)
McKinley v. State, 213 Ga.App. 738 (Ga. Ct. App. 1994) (seizure when officer blocks exit and activates lights)
United States v. Nasser, 555 F.3d 722 (9th Cir. 2009) (detention must be willful for seizure analysis)