The State v. Quarterman
333 Ga. App. 803
Ga. Ct. App.2015Background
- On Feb. 1, 2014, police attempted to stop a speeding vehicle; it fled and a pursuing officer performed a PIT maneuver to stop it. The driver and two passengers immediately exited and ran. Quarterman was the front-seat passenger.
- The pursuing officer chased Quarterman about 200 yards and caught him; the officer grabbed Quarterman’s arm to take him to the ground.
- The officer testified he chased Quarterman because flight from a fleeing vehicle created suspicion; he did not have Quarterman’s identity or specific suspicion of separate criminal activity before the chase.
- During the attempted detention Quarterman allegedly struck the officer, threatened him, and tried to remove the officer’s weapon; other officers arrived, restrained Quarterman, and arrested him.
- A search incident to arrest revealed a gun and cocaine; Quarterman was indicted on multiple charges and moved to suppress evidence as the fruit of an unlawful seizure. The trial court granted suppression; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officer’s initial contact after flight was a first-tier encounter (no detention) or a second-tier Terry stop requiring reasonable suspicion | Quarterman: officer’s initial contact was a first-tier encounter; he was free to leave and running was permissible | State: flight from a vehicle involved in a high-speed chase supplied reasonable, articulable suspicion for an investigative stop | Court: flight from a fleeing vehicle, given the circumstances, furnished reasonable articulable suspicion — the contact was a second-tier encounter |
| Whether the officer’s grabbing Quarterman’s arm to take him to the ground constituted a custodial arrest (third-tier) requiring probable cause | Quarterman: the grab escalated to a custodial arrest without probable cause, so subsequent search/evidence must be suppressed | State: the grab was a brief investigative detention (second-tier); any escalation to arrest occurred only after Quarterman resisted and assaulted the officer | Court: grabbing the arm was a second-tier investigatory detention; Quarterman’s violent resistance escalated encounter and supplied probable cause for arrest |
Key Cases Cited
- Hughes v. State, 296 Ga. 744 (2015) (appellate review standards for suppression findings and legal questions)
- State v. Dukes, 279 Ga. App. 247 (2006) (describing three tiers of police-citizen encounters)
- McClary v. State, 292 Ga. App. 184 (2008) (flight following a first-tier encounter can justify a brief investigatory stop)
- Ransom v. State, 239 Ga. App. 501 (1999) (flight plus circumstances may give rise to reasonable suspicion or probable cause)
- Ewumi v. State, 315 Ga. App. 656 (2012) (noting that running from police during a first-tier encounter is permissible but officers may investigate)
- Suzuki v. State, 302 Ga. App. 735 (2010) (test for whether restraint equals a custodial arrest is objective: would a reasonable person believe detention was not temporary)