State v. Patrick Middleton, A22A0422

On Feb. 15, 2020, Kingsland Police Officer Amanda Graw observed a vehicle failing to maintain its lane on I‑95 outside Kingsland city limits and initiated a traffic stop.
Graw smelled marijuana, conducted a pat‑down, searched the vehicle, and discovered alprazolam pills and a grinder; a second officer found a digital scale on Middleton.
Middleton was arrested for unlawful possession of a controlled substance and drug‑related objects and moved to suppress evidence, arguing the stop was unlawful because it occurred outside Kingsland’s municipal boundaries.
The State stipulated the stop occurred in unincorporated Camden County; Graw testified she had been deputized by the Camden County Sheriff’s Office in 2013 and was authorized to make arrests in the county.
The trial court granted the suppression motion, finding Graw lacked jurisdiction to initiate the stop outside city limits and noting insufficient evidence about the scope of deputization.
The Court of Appeals reversed, holding the record showed Graw’s deputization authorized county arrest powers and that law‑enforcement officers retain a duty to enforce the law even off duty, so the stop and ensuing search/arrest were lawful.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a municipal officer who initiated a traffic stop outside city limits had authority to stop and arrest	Middleton: Municipal officers lack arrest/jurisdictional power beyond city limits under OCGA §40‑13‑30; stop occurred in unincorporated county so unlawful	State: Officer was deputized by county sheriff, giving county arrest authority; officers have a general duty to enforce laws on/off duty	Reversed suppression: deputization conferred county authority to arrest; stop and seizure lawful

Bacon v. State, 347 Ga. App. 689 (2018) (OCGA §40‑13‑30 limits municipal officers’ arrest powers outside corporate limits)
Thornton v. State, 310 Ga. 460 (2020) (same limitation on municipal arrest authority absent local or other law)
Veit v. State, 182 Ga. App. 753 (1987) (deputy sheriff is an agent of the sheriff and has the same powers in discharging duties)
Perry v. State, 204 Ga. App. 643 (1992) (county police/sheriff have general police power to investigate and make arrests)
Helton v. State, 284 Ga. App. 777 (2007) (law‑enforcement officers carry duty to enforce law and maintain the peace on and off duty)
Zilke v. State, 299 Ga. 232 (2016) (statutory territorial limits can restrict an officer’s authority despite general arrest powers)
State v. Giangregorio, 181 Ga. App. 324 (1986) (an officer sworn as a deputy in another county may effectuate a de jure arrest there)