SUGGS v. the STATE.
343 Ga. App. 71
| Ga. Ct. App. | 2017Background
- Hall County deputy observed Scott Suggs commit traffic violations in Hall County (failure to stop, crossing center line, wide left turn).
- Deputy followed Suggs ~2 miles, initiated a traffic stop in Hall County, smelled alcohol, and conducted roadside sobriety tests.
- Deputy directed Suggs to pull into a parking lot across the county line (Barrow County) for safety; the DUI investigation and arrest occurred there.
- Suggs moved to suppress all evidence, arguing the deputy lacked authority to investigate/arrest outside Hall County.
- Trial court held the deputy exceeded authority outside Hall County (relying on Zilke) but denied suppression because there was no constitutional violation; Suggs appealed interlocutorily.
- Court of Appeals reviewed de novo, concluded Zilke did not control because the deputy’s authority derived from OCGA § 40-13-30, and affirmed denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Hall County deputy may investigate/arrest for offenses observed in his presence after crossing into an adjacent county | Suggs: deputy lost authority by conducting investigation and arrest outside Hall County | State: deputy retained authority because he observed offenses in his presence in Hall County and § 40-13-30 grants arrest power to county officers for traffic misdemeanors | Held: Deputy was authorized to arrest for offenses committed in his presence despite crossing county line (trial court erred in holding otherwise) |
| Whether suppression of evidence is required because arrest occurred outside deputy’s jurisdiction | Suggs: evidence should be suppressed as product of unlawful out-of-county arrest | State: suppression unnecessary because arrest was lawful and did not violate constitutional rights; trial court found no unreasonable search/seizure | Held: Denial of suppression affirmed (case affirmed as right for any reason) |
Key Cases Cited
- Zilke v. State, 299 Ga. 232 (Supreme Court of Ga.) (disapproved using OCGA § 17-4-23(a) to justify arrests outside an officer's territorial jurisdiction)
- Glazner v. State, 170 Ga. App. 810 (Ga. Ct. App.) (earlier authority authorizing certain out-of-jurisdiction arrests relied on by prior cases)
- Heredia v. State, 252 Ga. App. 89 (Ga. Ct. App.) (discussed territorial arrest authority and interplay of statutes)
- Hastings v. State, 211 Ga. App. 873 (Ga. Ct. App.) (held deputy sheriffs and similar officers have implied out-of-territory arrest power under traffic statute)