State v. Wolf
317 Ga. App. 706
Ga. Ct. App.2012Background
- State appeals from suppression of evidence obtained from a vehicle stop and subsequent arrest.
- Trial court found the stop unlawful for lack of specific articulable facts creating reasonable suspicion; arrest held unlawful for lack of probable cause.
- Mail carrier reported suspicious burglary activity near Vickers Circle and Coffee Road; a gray Nissan pickup matching description was observed by an officer the next day.
- Officers stopped the vehicle after it picked up an individual and returned to the area; occupants were detained and in custody during arrest.
- A third officer observed marijuana in plain view from inside the vehicle only after unlawful stop, leading to suppression of the marijuana and related searches.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion? | Wolf lacked individualized suspicion. | State asserts burglary-pattern area and vehicle's conduct warranted stop. | No reasonable suspicion; stop invalid. |
| Was the ensuing arrest supported by probable cause? | Arrest based on unlawful stop; no probable cause. | Plain-view contraband supported arrest. | Arrest not based on probable cause; suppression appropriate. |
| Did plain-view discovery of marijuana validate the arrest? | Plain view occurred after unlawful seizure. | Observation in plain view justifies seizure. | Plain-view observation invalid due to unlawful position. |
| Is evidence seized during an inventory search admissible after unlawful arrest? | Inventory search may follow lawful arrest. | Arrest invalid; inventory search invalid. | Suppression sustained; not admissible. |
Key Cases Cited
- Vansant v. State, 264 Ga. 319 (1994) (illustrates lack of particularized basis for suspicion in traffic stops)
- Groves v. State, 306 Ga. App. 779 (2010) (plain-view exceptions and unlawful stops cross-reference)
- Weeks v. State, 206 Ga. App. 431 (1992) (plain view requires lawful position and inadvertent discovery)
- Young v. State, 285 Ga. App. 214 (2007) (probable cause and stop justification standards in traffic contexts)
- Brandt v. State, 314 Ga. App. 343 (2012) (examines stop based on observed conduct and related suspicions)
- Dias v. State, 284 Ga. App. 10 (2007) (evidence insufficient for reasonable suspicion when lacking detail)
- Darden v. State, 293 Ga. App. 127 (2008) (standards for suppression of evidence following unlawful detention)
- Postell v. State of Ga., 264 Ga. 249 (1994) (detention without proper basis renders subsequent searches suspect)
- Zeeman v. State, 249 Ga. App. 625 (2001) (plain view and lawful position requirements)