Pierce v. State
319 Ga. App. 721
| Ga. Ct. App. | 2013Background
- Pierce was convicted of DUI-less safe after a bench trial following a stipulation.
- Fact: Pierce sat in the driver’s seat of a running vehicle at a gas station when approached by an officer.
- Officer shined flashlight inside, Pierce did not respond, and the officer knocked on the window.
- Pierce woke, looked at the officer, then continued scrolling her phone; officer knocked again and asked her to roll down the window.
- Pierce rolled down the window; officer detected alcohol odor, glassy eyes, and she admitted drinking earlier.
- Pierce moved to suppress, arguing the second knock and request to roll down the window constituted an unlawful seizure; the trial court denied the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second knock caused a seizure requiring suspicion | Pierce; first knock and second knock escalated to detention | Pierce; no seizure occurred without suspicion | No seizure; reasonable suspicion not required for first-tier encounter; second-tier detention supported by reasonable suspicion |
Key Cases Cited
- Akins v. State, 266 Ga. App. 214 (596 SE2d 719) (2004) (first-tier encounters may involve questions without detention)
- Hendrix v. State, 273 Ga. App. 792 (616 SE2d 127) (2005) (sleeping at the wheel with engine running supports detention)
- Lucas v. State, 284 Ga. App. 450 (644 SE2d 302) (2007) (absence of coercion; no show of force needed for first-tier encounter)