Walker v. State
314 Ga. App. 67
| Ga. Ct. App. | 2012Background
- September 3, 2009 deputy responds to apartment complex domestic disturbance report in Hall County; staff requests a written criminal trespass warning for a male subject not on the lease.
- Deputy accompanies staff to apartment 301; staff explains the situation and deputy’s role; deputy asks Walker for identification to complete the trespass warning.
- Walker becomes upset, resists, and approaches the deputy; deputy holds Walker’s arm to detain him and asks for ID.
- Walker resists, escalates into a struggle; staff member assists; Walker heads toward his car, deputy blocks the door, and Walker head-buts the deputy.
- Walker is charged with felony obstruction; at bench trial the court denies suppression and convicts Walker; on appeal Walker challenges suppression and sufficiency of evidence.
- Court analyzes whether initial detention tainted subsequent evidence; holds that any taint was purged by Walker’s intervening act of resisting and violence, and that the evidence supports the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial detention was unlawful and tainted all later evidence | Walker argues deputy unlawfully detained him at the doorway | State contends temporary detention was justified by reasonable suspicion or was harmless after intervening acts | Taint purged; evidence admissible; no reversal on suppression |
| Whether the head-butt constituted felony obstruction of an officer | Walker maintains no lawful detention; no obstruction | Deputy lawfully detained and Walker’s head-butt impeded official duties | Sufficient evidence; rational trier of fact could find obstruction beyond reasonable doubt |
| Whether the deputy’s later actions were within the lawful discharge of duties despite initial detainment | Detention invalidates subsequent actions | Actions were reasonable under totality of circumstances | Yes; deputy was engaged in lawful duties when Walker head-butted him |
Key Cases Cited
- Peters v. State, 242 Ga.App. 816, 531 S.E.2d 386 (2000) (police-citizen encounter framework; third tier requires probable cause for arrest)
- Johnson v. State, 299 Ga.App. 474, 682 S.E.2d 601 (2009) (consensual encounter becomes seizure with reasonable suspicion)
- Brown v. State, 301 Ga.App. 82, 686 S.E.2d 793 (2009) (totality of circumstances standard for reasonable suspicion)
- State v. Nesbitt, 305 Ga.App. 28, 699 S.E.2d 368 (2010) (fruit-of-the-poisonous-tree analysis for taint from illegal detention)
- Lawson v. State, 299 Ga.App. 865, 684 S.E.2d 1 (2009) (intervening act purges taint when defendant commits new crime in presence of officers)
- O'Neal v. State, 311 Ga.App. 102, 714 S.E.2d 744 (2011) (resistance can be an intervening act to purge taint)
- Sosebee v. State, 169 Ga.App. 370, 312 S.E.2d 853 (1983) (use of force proportionality in response to unlawful detention)