Santos v. State
306 Ga. App. 772
Ga. Ct. App.2010Background
- Bench trial in DeKalb County found Santos guilty of obstructing a law-enforcement officer and battery after a brief struggle during a pat-down arrest at an apartment complex.
- Officer encountered Santos and two others; Santos hesitated, kept hands near pockets, then concealed hands after jacket removed.
- Officer conducted a pat-down for weapons; Santos elbowed toward the officer’s face and a brief struggle ensued.
- Evidence at issue included testimony about conduct after the detention began; Santos challenged the legality of the detention.
- Santos argued the detention was illegal and that his force used was minimal and justified, rendering the evidence insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second-tier detention was supported by reasonable suspicion | Santos | Santos contends no reasonable suspicion justified a detainment | Second-tier detention justified; pat-down proper. |
| Whether evidence from an illegal detention should be excluded | Santos | Evidence flow from detention should be excluded | No abuse; denial of in limine proper. |
| Whether the evidence supports conviction for obstruction or battery given claimed illegality or self-defense | Santos | Self-defense and minimal force negate offense | Convictions affirmed; evidence supported by lawful detention findings. |
Key Cases Cited
- Brown v. State, 301 Ga.App. 82 (2009) (first-tier to second-tier detention escalation factors)
- Cutter v. State, 274 Ga.App. 589 (2005) (pat-down valid with reasonable grounds)
- Molina v. State, 304 Ga.App. 93 (2010) (need for particularized facts for weapon pat-down)
- Sudduth v. State, 288 Ga.App. 541 (2007) (pat-down during safety concern justified)
- Sidner v. State, 304 Ga.App. 373 (2010) (illegal arrest-defense resistance)