Martin v. State
316 Ga. App. 220
Ga. Ct. App.2012Background
- At approximately 2:20 a.m. on January 4, 2010, Deputy Yarbrough found Martin’s truck parked behind a closed funeral home with the engine running and a door ajar; two people slept inside.
- Martin claimed permission from the funeral home owner to park there and sleep; he said he lived in the truck.
- Yarbrough knew Martin had a pending drug possession charge and had received information from another source that Martin might be selling methamphetamine, but the computer check showed no warrants and the license appeared clean about four minutes into the stop.
- Yarbrough asked about narcotics and, after the occupants denied illegal drugs, sought permission to search; Martin refused without a warrant.
- A K-9 unit was requested and ultimately deployed; the owner confirmed permission to sleep there around 2:43 a.m.; the dog alerted about 53 minutes into the encounter and methamphetamine residue was found in the vehicle.
- The trial court held the encounter shifted to a second-tier detention after a K-9 request, but the appellate court held there was no reasonable suspicion by 2:38 a.m. and suppression was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the detention became a second-tier stop with reasonable suspicion | Martin | Yarbrough | No reasonable articulable suspicion supported a second-tier detention |
| Whether prior drug arrest and hearsay evidence could justify suspicions | Martin had no evidence of drug use; prior arrest alone insufficient | Officer’s knowledge could support probable cause or suspicion | Past possession arrest and unreliable hearsay do not sustain reasonable suspicion |
| Effect of owner's permission on ongoing detention | Martin’s permission to park negates ongoing suspicion | Permission does not automatically end investigatory detention | After permission confirmed, no basis for continued seizure without suspicion |
Key Cases Cited
- Dixson v. State, 280 Ga. App. 260 (Ga. App. 2006) (requirements for second-tier detention; particularized suspicion governs stops)
- Brinegar v. United States, 338 U.S. 160 (1949) (prior similar conduct can influence probable cause in new incident)
- Hinton v. State, 280 Ga. 811 (Ga. 2006) (prior history used with other facts to assess probable cause)
- Florida v. J. L., 529 U.S. 266 (U.S. Supreme Court 2000) (anonymous tips require reliability for reasonable suspicion)
- Caffo v. State, 247 Ga. 751 (Ga. 1981) (prior criminal information used to assess probable cause shortcomings)
- Bell v. State, 295 Ga. App. 607 (Ga. App. 2009) (absence of field tests weakens perception of intoxication)
- Banks v. State of Ga., 277 Ga. 543 (Ga. 2004) (probable cause and admissibility considerations in probable-cause analysis)