Sullivan v. State
308 Ga. App. 114
Ga. Ct. App.2011Background
- Sullivan was stopped for weaving on University of Georgia property by campus police in the early morning.
- The officer observed glassy eyes, odor of alcohol, fumbling for license, stumbling, and admitted drinking prior to the stop.
- Sullivan agreed to field sobriety tests and was arrested for DUI and failing to maintain lane after evaluations.
- Sullivan refused a breath test after advised of implied consent.
- The stop/arrest occurred reportedly beyond the 500-yard jurisdictional limit of OCGA § 20-3-72, creating a jurisdictional challenge.
- The trial court denied suppression, relying on statutes authorizing cross-jurisdictional enforcement of traffic offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether campus police had authority to arrest outside jurisdiction | Sullivan: outside 500 yards; not authorized by OCGA 17-4-23/40-13-30. | Sullivan: campus officers fall within authority to arrest for traffic offenses beyond jurisdiction. | Authority valid; no reversal on this ground. |
| Whether hot pursuit doctrine applied | Hot pursuit supported the arrest outside jurisdiction. | Hot pursuit relied on already-validated jurisdictional authority. | Moot; resolved by finding authority under statutes. |
Key Cases Cited
- Weldon v. State, 291 Ga.App. 309, 661 S.E.2d 672 (2008) (local police authority and territorial limits; moving violations exception)
- Page v. State, 250 Ga.App. 795, 553 S.E.2d 176 (2001) (hot pursuit and territorial jurisdiction exceptions)
- State v. Gehris, 242 Ga.App. 384, 528 S.E.2d 300 (2000) (arrest authority for motor vehicle offenses)
- Edge v. State, 226 Ga.App. 559, 487 S.E.2d 117 (1997) (arrest and jurisdictional considerations)
- Hawkins v. State, 281 Ga.App. 852, 637 S.E.2d 422 (2006) (campus police authority under OCGA 20-3-72)
- Heredia v. State, 252 Ga.App. 89, 555 S.E.2d 91 (2001) (statutory interpretation of traffic-offense enforcement)