Toole v. the State
340 Ga. App. 633
| Ga. Ct. App. | 2017Background
- Officer Timothy Scott observed Toole driving in the left (passing) lane on I-20, with traffic stacking behind and others passing on the middle lane.
- Officer estimated Toole’s speed at about 65–68 mph in a 70 mph zone—below the posted maximum but apparently slower than normal traffic.
- Toole did not move to the right lane though the middle and right lanes were open and he was not overtaking or preparing for a left turn.
- Officer stopped Toole believing he violated OCGA § 40-6-40(b) (keep-right rule) and issued citations for failure to drive on the right and driving with a suspended license; later charges included marijuana and drug-paraphernalia possession.
- Toole moved to suppress evidence from the stop, arguing the officer lacked reasonable, articulable suspicion; the trial court denied the motion, finding the officer acted in good faith though no actual statutory violation occurred as a matter of law.
- This appeal challenges the denial of the suppression motion; the appellate court applied the deferential Hughes standard and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable, articulable suspicion | Toole: Officer lacked reasonable suspicion because he was traveling below speed limit and did not necessarily violate a statute | State: Officer reasonably believed Toole violated OCGA § 40-6-40(b) by impeding traffic in the left lane | Stop upheld: officer’s specific, articulable observations supported reasonable suspicion given trial-court credibility findings |
| Whether officer’s good-faith belief is sufficient when no technical statutory violation occurred | Toole: Technical reading of statute shows no violation | State: Officer need only have a bona fide belief; later legal determination doesn’t invalidate the stop | Held: Good-faith belief justified the stop despite later legal conclusion |
| Whether precedent requiring suppression applies (Parke, Whelchel) | Toole: Cases where drivers slightly under speed limit led to suppression control | State: Distinguishes those cases as concerning a different statute and different procedural posture | Held: Parke and Whelchel distinguishable; deferential review requires upholding trial court |
| Whether appellate court may consider video evidence absent a working record | Toole: pointed to video (crediting it would help) | State: Record submitted was defective; appellant bears burden of complete record | Held: Court could not consider the video; reminder that appellant must ensure complete record |
Key Cases Cited
- Hughes v. State, 296 Ga. 744 (standard of review for motions to suppress)
- Jones v. State, 291 Ga. 35 (reasonable suspicion standard for traffic stops)
- Melanson v. State, 291 Ga. App. 853 (founded suspicion required; more than a hunch)
- Zeth v. State, 320 Ga. App. 140 (officer’s good-faith belief supports stop despite later legal determination)
- Shell v. State, 315 Ga. App. 628 (credibility determinations lie with trial court)
- Parke v. State, 304 Ga. App. 124 (factually similar stop involving OCGA § 40-6-184; distinguishable)
- Whelchel v. State, 269 Ga. App. 314 (factually similar; involved OCGA § 40-6-184)
- Janasik v. State, 323 Ga. App. 545 (appellant’s duty to ensure complete appellate record)