Zilke v. State
299 Ga. 232
| Ga. | 2016Background
- Decari Mason, a POST-certified Kennesaw State University (KSU) campus police officer, stopped Bajrodin Zilke around 1:42 a.m. on May 5, 2013, for driving without lights and failing to maintain lane. It was dark and raining.
- Mason observed signs of intoxication, administered an alco‑sensor on scene (positive), arrested Zilke, and a subsequent state breath test (Intoxilyzer 5000) showed .08 BAC.
- Zilke was charged with DUI and traffic violations and moved to suppress the breath-test evidence, arguing Mason lacked authority to make a custodial arrest because the stop occurred more than 500 yards from KSU campus under OCGA § 20‑3‑72.
- The trial court granted suppression; the Court of Appeals reversed, holding OCGA § 17‑4‑23 and precedent (Glazner and progeny) authorize campus officers to arrest for observed traffic offenses outside campus.
- The Georgia Supreme Court granted certiorari and reversed the Court of Appeals, holding OCGA § 17‑4‑23 does not expand territorial jurisdiction and that OCGA § 20‑3‑72 limited Mason’s custodial arrest authority to on campus and within 500 yards.
- The Court declined to decide whether suppression was an appropriate remedy for the statutory violation because the State did not challenge that aspect on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 17‑4‑23 authorizes a custodial arrest outside an officer’s territorial jurisdiction for observed motor‑vehicle violations | State: § 17‑4‑23 permits issuing a citation in lieu of arrest and has been interpreted to allow arrests by officers who witness violations outside their agency’s territory | Zilke: § 17‑4‑23 does not expand territorial jurisdiction; it only authorizes citation procedures, not extraterritorial custodial arrests | Held: § 17‑4‑23 does not confer extraterritorial custodial‑arrest authority; statute authorizes citation procedure only |
| Whether OCGA § 20‑3‑72 (campus police jurisdiction: on campus and within 500 yards) permitted Mason’s custodial arrest where stop occurred beyond 500 yards | State: Mason’s POST certification and § 17‑4‑23 support authority to arrest | Zilke: § 20‑3‑72 limits campus officers’ custodial arrest authority to on campus and within 500 yards | Held: Officer exceeded the jurisdiction conferred by § 20‑3‑72; custodial arrest unauthorized beyond 500 yards |
| Whether POST certification confers extraterritorial arrest power | State: POST certification makes an officer a peace officer with general arrest powers | Zilke: Certification does not expand statutory territorial limits | Held: POST certification does not alter territorial limits set by § 20‑3‑72 |
| Whether citizen’s‑arrest authority (OCGA § 17‑4‑60) justifies Mason’s conduct and preserves evidence | State: Alternatively, Mason acted as a private person effecting arrest | Zilke: Citizen’s arrest has narrower powers and cannot substitute for formal law‑enforcement authority to conduct tests/investigation | Held: Citizen’s arrest would only allow delivery to a peace officer/judicial officer; it would not authorize Mason to conduct alco‑sensor, implied‑consent advisals, or breath testing—argument unpersuasive |
Key Cases Cited
- State v. Zilke, 333 Ga. App. 344 (Court of Appeals decision reversed) (case below framing facts and appellate posture)
- Glazner v. State, 170 Ga. App. 810 (prior authority the Court disapproved to extent it allowed § 17‑4‑23 to authorize extraterritorial custodial arrests)
- Brock v. State, 196 Ga. App. 605 (explaining § 17‑4‑23’s purpose—citation in lieu of custodial arrest)
- Lopez v. State, 286 Ga. App. 873 (discussing warrantless custodial arrests for driving behavior; distinguished from territorial‑jurisdiction question)
- Virginia v. Moore, 553 U.S. 164 (noting Fourth Amendment reasonableness of arrests may be distinct from violations of state statutory arrest rules; cited in concurrence regarding suppression/remedy)