Rodriguez v US – no such thing as a de minimis expansion of traffic stop under the 4th Amendment
Rodriguez v. the United States, No. 13-9972, United States Supreme Court, Vacated and Remanded, April 21, 2015. Officer Struble, a K-9 police officer, made a traffic stop after observing Rodriguez driving on the highway shoulder. After checking Rodriguez’s license, tag, and insurance and the licenses of the passengers, Struble issued Rodriguez a warning for driving […]
Read MoreWilliams v State – the Constitution is not a loophole or a technicality
Williams v. State, S14A1625, March 27, 2015. A legal earthquake is shaking things up in Georgia’s DUI law. John Williams was convicted of driving under the influence of drugs. He moved to suppress the state-administered blood test on the basis that Georgia’s Implied Consent Statute does not amount to the required voluntary consent under the […]
Read MoreThe Newspaper.com reports on Georgia Supreme Court Intoxilyzer Source Code Ruling
TheNewspaper.com reported on February 18, 2015, about the Georgia Supreme Court’s ruling in Parker v. State reversing the Georgia Court of Appeals who had affirmed the Trial Court’s decision to exclude proffered evidence of accuracy problems that an out of state witness from the Intoxilyzer 5000 (Intox 5000) manufacturer, CMI, Inc., might be expected to testify about as […]
Read MoreParker v State- Proffers can be hearsay
Parker v. State, S14G1005, Feb. 16, 2015. The Georgia Supreme Court ruled that Georgia’s new Evidence Code allows hearsay evidence in determining whether an out-of-state person is a material witness to a Georgia criminal proceeding under our State’s Uniform Act to Secure the Attendance of Witnesses from Without the State, OCGA 24-13-90. Under § 24-1-2 […]
Read MoreCawley vs State – Constitutional Speedy Trial – Third Time is the Charm
Cawley vs. State, A14A0996, November 21. 2014. The Georgia Court of Appeals remanded this case, a second time, again to the trial court to properly weigh the Barker v. Wingo, 407 U.S. 415 (92 SCt 2182, 33 LE2d 101)(1972) factors on its second appearance on interlocutory appeal. Defendant, Cawley, was arrested for DUI and speeding on February […]
Read MoreIgnorantia legis neminem excusat – except for the Police
Nicholas B. Heien v. North Carolina, No. 13-604, Supreme Court of the United States (December 14, 2014). The U.S. Supreme Court held that a reasonable mistake of law by police in the required number of working tail lights on an automobile in the context of investigatory detention and search can be reasonable suspicion of a […]
Read MoreSmith v State – DUI Field Evaluations are always admissible
State v. Smith, A14A1127, November 14, 2014. James Smith was charged with DUI less safe and failure to maintain lane. Following a hearing, the trial court suppressed two of the field evaluations performed by the Officer because they were not performed according to his National Highway Transportation Safety Administration (NHTSA) training. Judge Doyle writing for […]
Read MoreState v Walker – temporary halting is not a submission to authority or seizure under the 4th Amendment
State v. Walker, S13G1793, Georgia Supreme Court, October 20, 2014. The Georgia Supreme Court reversed the Georgia Court of Appeals in Walker v. State, A13A0444, July 12, 2013, where the Court of Appeals held that a police officer’s order to take your hands out of your pockets to Ernest Walker who then ran away was a second-tier […]
Read MoreGeorgia State Patrol to start DUI task force along Interstate I-20
New GSP Nighthawk Unit is formed to patrol I-20 East September 18, 2014. The Rockdale Citizen reported the Georgia State Patrol (hereinafter GSP) announced the formation of a new DUI task force of GSP Nighthawks to patrol Interstate I-20 from Conyers to Georgia State line in Augusta and the 21 counties in between. This new […]
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