Save this link in your phone's "notes" app, on your in-car computer, etc
We will continually update it with relevant case laws and court rulings for you to refer back to as a reference guide.
If you see something that needs to be updated, or have a case law you think we should add; e-mail that to Info@GeorgiaLEO.org and we'll update the list.
Allows us to run tags without PC due to title 32 tags being plainly visible for public to see.
Any traffic violation committed by a driver is a legitimate legal basis for a stop.
Grants officers the ability to order the driver out of the car.
Allows officers to remove passengers as well.
Reaffirms PA VS Mimms
Reasonable to order a passenger back into a car they voluntarily exited for officer safety.
Same as US V Williams, less intrusive to 4th to stay in car.
Officers can order occupants out of lawfully stopped vehicle to sit on curb.
Persons in control of a vehicle must present DL and registration on command of police.
Asking passengers for ID doesn't violate 4th. Asking questions is essential part of police investigation. Questions about ones identity is not a 4th violation. (Can request ID – not demand unless there is RS or PC.)
Says a demand for passengers ID is not part of the mission of a traffic stop, the ID's of passengers will ordinarily have no relation to a drivers safe operation of the vehicle.
Passengers are seized and not free to leave without police permission once a vehicle is lawfully stopped
Reasonable suspicion to pat for weapons – if you believe someone may or did commit a crime and may have weapon.
Plain feel only in a terry frisk, no articulation of items
Gives us our search incident to arrest, and describes what we refer to as a “lunge area”.
Search vehicle where a recent occupant was after arrest, only if reasonable belief arrestee may access vehicle at time of search, or contains evidence of offense.
When a vehicle is stopped and has PC to believe contraband is inside – a warrant-less search is permitted of vehicle to include all compartments, containers, people…etc.
Allows collection of DNA evidence from arrested persons for “serious offenses”. (Mouth swab, fingerprints…etc.)
Can’t use evidence obtained illegally. Fruit of the Poisonous Tree.
The Georgia Supreme Court held that the State Constitution protects against compelled breath tests and affords individuals a Constitutional Right to refuse breath testing.
USE OF FORCE: 1) The severity of the crime 2) whether the suspect resisted arrested or attempted to evade arrest by fleeing, and 3) whether the suspect posed an immediate threat to the safety of the officer or the public (the most important factor).
Must have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others, and that that threat be imminent. (Shoot fleeing felon).
Unprovoked flight or evasive behavior, as well as being in a high-crime area, are relevant issues in determining reasonable suspicion for a Terry stop.
Advises us that an anonymous tip reporting a subject is carrying a gun illegally is not, without more info, sufficient justification for a Terry Stop.