Friday, January 3, 2003
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Friday, January 3, 2003 |
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Georgia appeals court upholds ruling to supress DUI evidence in PTC case By JOHN MUNFORD
The Georgia Court of Appeals has upheld a decision by Fayette State Court Judge Fletcher Sams to suppress key evidence in a DUI case from Peachtree City that originated when a police officer pulled over a motorist for apparently driving his truck without an auto tag. Sams had ruled the police officer's investigation should have stopped after the officer exited his vehicle and noticed a valid temporary tag was properly displayed on the vehicle. Instead, the officer approached Joshua K. Swords' truck and asked for his license and insurance information, according to court documents. As the officer spoke to Swords, he "detected a strong odor of alcoholic beverage" according to court documents. Since the officer knew moments before that Swords' tag was valid, and Swords was not seen driving in an illegal and safe manner, the continued investigation was illegal, Sams ruled. The officer's actions "exceeded the scope of the top for driving with no tag," Sams wrote in his ruling. "The subsequent detention and investigation of the defendant were therefore illegal." The order suppressed evidence in the case including the breath test result of Swords' blood alcohol concentration as well as the results of his field sobriety tests and any statements he made to police. State Court Solicitor Steve Harris appealed the ruling, arguing that a Georgia law required the officer to determine whether Swords had a valid driver's license and proof of insurance. But Sams' ruling to supress the evidence was valid since a police officer must have "reasonable suspicion" of criminal activity to question and detain a suspect for reasons other than the person was stopped for, the appeals court ruled. The officer "was authorized to stop Swords because he reasonably suspected that Swords' vehicle bore an invalid tag," according to the appeals court ruling. "... Once the suspicion of unlawful conduct evaporated, he was not authorized to continue the detention in order to investigate other potential violations of the law." Swords, who lives in Fayetteville, was represented by attorneys George C. Creel and Jay M. Jackson of Forest Park.
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