State v. Bethel
307 Ga. App. 508
Ga. Ct. App.2010Background
- Officer Turner, a Tallapoosa city officer, was parked in the median of I-20 observing westbound traffic when he stopped Bethel for an improper lane change in front of a tractor-trailer.
- Bethel appeared extremely nervous and smelled of alcohol; an alco-sensor test was negative, but Turner believed Bethel had discarded an open container.
- Bethel consented to a search, and marijuana was found in Bethel's trunk.
- Bethel moved to suppress the marijuana, challenging the stop’s basis, voluntariness of consent, and the officer’s jurisdiction.
- The trial court granted suppression on the theory that Turner was outside his jurisdiction when stopping Bethel; the State appealed.
- The Court of Appeals applied de novo review to legal challenges to suppression and held Turner had authority to arrest despite being outside his jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Turner have authority to arrest Bethel for a traffic offense observed outside his jurisdiction? | State: arrest authority exists for vehicle offenses observed in the officer's presence, regardless of jurisdiction. | Bethel: officer lacked jurisdiction to stop within municipal boundaries when outside his jurisdiction. | Yes; Turner had authority to arrest Bethel despite being outside jurisdiction. |
Key Cases Cited
- Griffis v. State, 295 Ga.App. 903 (2009) (officer may arrest for vehicle offenses in presence notwithstanding territorial limits)
- State v. Heredia, 252 Ga.App. 89 (2001) (authority to arrest outside jurisdiction when observing traffic offenses)
- State v. Tan, 305 Ga.App. 55 (2010) (de novo standard for suppression issues; statutory framework for officer authority)