The State v. Zilke
333 Ga. App. 344
| Ga. Ct. App. | 2015Background
- At ~1:42 a.m. on May 5, 2013, Kennesaw State University POST‑certified officer Decari Mason observed Zilke driving without headlights/taillights and severely failing to maintain lane on Powder Springs Road (off campus), in heavy rain.
- Mason stopped Zilke, detected alcohol odor, bloodshot/watery eyes, unsteadiness; Zilke admitted drinking two beers and tested positive on an Alco‑sensor.
- Mason arrested Zilke for DUI; a subsequent Intoxilyzer 5000 breath test showed a .08 BAC.
- Zilke was charged with two counts of DUI and traffic offenses, then moved to suppress the breath test evidence, arguing Mason lacked jurisdiction because the stop occurred more than 500 yards off KSU property.
- The trial court granted suppression; the State appealed arguing a POST‑certified campus officer may arrest for traffic offenses observed in his presence even outside campus territorial limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a POST‑certified campus police officer may arrest for a moving traffic offense committed in his presence beyond campus territorial limits (500 yards) | Zilke: OCGA § 20‑3‑72 limits campus officers to arrests on campus or within 500 yards, so Mason lacked authority off campus | State: OCGA § 17‑4‑23 permits any law enforcement officer to arrest for traffic offenses committed in his presence regardless of territorial limits; POST‑certified campus officers fall within § 17‑4‑23 | The Court of Appeals reversed: POST‑certified campus officers may arrest for moving traffic violations witnessed in their presence beyond the 500‑yard campus limit under § 17‑4‑23 |
Key Cases Cited
- Sullivan v. State, 308 Ga. App. 114 (Ga. Ct. App.) (POST‑certified campus officers fall within OCGA § 17‑4‑23 for in‑presence traffic arrests)
- State v. Gehris, 242 Ga. App. 384 (Ga. Ct. App.) (an in‑presence moving traffic violation authorizes arrest regardless of territorial limits)
- State v. Heredia, 252 Ga. App. 89 (Ga. Ct. App.) (county officer authorized to arrest for DUI and lane violation observed inside another jurisdiction)
- State v. Durr, 274 Ga. App. 438 (Ga. Ct. App.) (discussing reach of campus officer authority; cited as physical precedent)
- Hill v. State, 193 Ga. App. 280 (Ga. Ct. App.) (addressed campus officers' power to obtain/execute off‑campus search warrants)
- State v. Harber, 198 Ga. App. 170 (Ga. Ct. App.) (overruled part of Hill; treated campus officers similarly to municipal/county officers regarding extra‑territorial authority)