Williams v. State
327 Ga. App. 239
| Ga. Ct. App. | 2014Background
- MCMILLIAN, J. reviews denial of Williams's motion to suppress contraband and a firearm found during a vehicle search.
- NET Unit surveilled Apartment J at Alden Ridge under an ongoing narcotics investigation; a pretextual knock at Apartment J led to a marijuana odor finding but not from Williams.
- Williams arrived as a front-seat passenger in a white PT Cruiser, exited with a backpack, entered the residence, and returned minutes later with the same backpack before driving away.
- Officers initiated an investigative stop after Williams exited the complex, following the sergeant's observation that traffic originated from Apartment J.
- The arresting officers relied on a collective knowledge and a pattern of stopping individuals who entered and left Apartment J, then found marijuana and a firearm in the backpack.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vehicle stop had a particularized and objective basis for suspicion | Williams argues no particularized suspicion. | Sullivan cites pattern and collective knowledge of NET Unit. | Stop not supported by particularized suspicion. |
Key Cases Cited
- Hughes v. State, 269 Ga. 258 (1998) (requires specific, articulable facts construed under totality of circumstances for stops)
- State v. Hopper, 293 Ga. App. 220 (2008) (pattern alone insufficient for stop; requires particularized suspicion)
- Holmes v. State, 293 Ga. 229 (2013) (totality of circumstances test for investigative stops)