State v. Gomez, 597 S.E.2d 509 (Ga. Ct. App. 2004). · Go Syfert
State v. Gomez, 597 S.E.2d 509 (Ga. Ct. App. 2004). Cases Citing This Book View Copy Cite
77 citation events (77 in the last 25 years) across 2 distinct courts.
Strongest positive: Tevon White v. State (gactapp, 2014-03-27)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
cited Cited as authority (rule) Tevon White v. State
Ga. Ct. App. · 2014 · confidence medium
See Young v. State, 282 Ga. 735, 736-738 ( 653 SE2d 725 ) (2007); State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004). 2.
cited Cited as authority (rule) Kinsey v. State
Ga. Ct. App. · 2014 · confidence medium
See Young v. State, 282 Ga. 735, 736-738 ( 653 SE2d 725 ) (2007); State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004). 2.
cited Cited as authority (rule) Keith McBurrows v. State
Ga. Ct. App. · 2013 · confidence medium
(Punctuation and citations omitted; emphasis in original.) State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004); see also Young v. State, 282 Ga. 735 , 736- 738 ( 653 SE2d 725 ) (2007).
cited Cited as authority (rule) McBurrows v. State
Ga. Ct. App. · 2013 · confidence medium
(Citations and punctuation omitted; emphasis in original.) State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004); see also Young v. State, 282 Ga. 735, 736-738 ( 653 SE2d 725 ) (2007).
cited Cited as authority (rule) Kelvin Johnson v. State
Ga. Ct. App. · 2013 · confidence medium
See Young v. State, 282 Ga. 735, 736-738 ( 653 SE2d 725 ) (2007); State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004).
cited Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2013 · confidence medium
See Young v. State, 282 Ga. 735,736-738 ( 653 SE2d 725 ) (2007); State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004).
discussed Cited as authority (rule) Rodriguez v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
State v. Gomez, 266 Ga. App. 423, 425 ( 597 SE2d 509 ) (2004) (citations and punctuation omitted); Young v. State, 282 Ga. 735, 736-738 ( 653 SE2d 725 ) (2007).
discussed Cited as authority (rule) Sonia Rodriguez v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
State v. Gomez, 266 Ga. App. 423, 425 ( 597 SE2d 509 ) (2004) (punctuation and citations omitted); Young v. State, 282 Ga. 735, 736-738 ( 653 SE2d 725 ) (2007).
cited Cited as authority (rule) Wise v. State
Ga. Ct. App. · 2013 · confidence medium
State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004).
cited Cited as authority (rule) Derrick Wise v. State
Ga. Ct. App. · 2013 · confidence medium
State v. Gomez, 5 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004).
discussed Cited as authority (rule) State v. Travis Delroy Rogers (2×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
We agree.5 4 See Moody v. State, 232 Ga. App. 499, 504 (4) (a) ( 502 SE2d 323 ) (1998) (when a defendant lacks ownership or possessory interest in a residence, then he has “no expectation of privacy in the premises and lacks standing to challenge the validity of the search warrant”). 5 We note that OCGA § 17-5-30 (b) requires that a defendant file a written motion to suppress stating “facts showing that the search and seizure were unlawful,” specifically, “the suppression motion must be sufficient to put the State on notice as to the type of search or seizure involved, which witness…
discussed Cited as authority (rule) State v. Rogers (2×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
We note that OCGA § 17-5-30 (b) requires that a defendant file a written motion to suppress stating “facts showing that the search and seizure were unlawful,” specifically, “the suppression motion must be sufficient to put the State on notice as to the type of search or seizure involved, which witness to bring to the hearing on the motion, and the legal issues to be resolved at that hearing.” (Punctuation omitted.) Young v. State, 282 Ga. 735, 736 ( 653 SE2d 725 ) (2007), quoting State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004).
discussed Cited as authority (rule) Adcock v. State
Ga. Ct. App. · 2009 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 See Kazeem v. State, 241 Ga. App. 175, 177-178 (1) ( 525 SE2d 437 ) (1999) (where the officers who initiated a traffic stop and detained the defendants did not testify at the hearing on the defendants’ motion to suppress or at trial, the State failed to meet its burden of showing that the stop was justified by an objective and particularized basis for suspecting the defendants of criminal conduct and, therefore, the trial court erred in denying their motion to suppress). 2 See generally Darden v. State, 293 Ga. App. 127, 130 (1) (a) ( 666 SE2d 559 ) …
discussed Cited as authority (rule) Pruitt v. State
Ga. Ct. App. · 2008 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 Thompson v. State, 277 Ga. 102, 103 (1) ( 586 SE2d 231 ) (2003) (punctuation and footnote omitted). 2 See OCGA § 40-6-391 (a) (1). 3 Nye v. State, 279 Ga. App. 347, 349 (1) ( 631 SE2d 386 ) (2006) (citation omitted). 4 See State v. Gomez, 266 Ga. App. 423, 424-425 (1), (2) ( 597 SE2d 509 ) (2004).
discussed Cited as authority (rule) Young v. State (2×)
Ga. · 2007 · confidence medium
Compliance with OCGA § 17-5-30 (b) is required because “evidence exclusion is an extreme sanction and one not favored in the law.” State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004).
discussed Cited as authority (rule) Lester v. State
Ga. Ct. App. · 2007 · confidence medium
Blackburn, P. J., and Bernes, J., concur. 1 See Kinder v. State, 269 Ga. App. 99 ( 603 SE2d 496 ) (2004). 2 See State v. Harden, 267 Ga. App. 381, 383 ( 599 SE2d 329 ) (2004); State v. Gomez, 266 Ga. App. 423, 425-426 (3) ( 597 SE2d 509 ) (2004). 3 See Gomez, supra; Harden, supra; compare Ward v. State, 277 Ga. App. 790, 792-793 ( 627 SE2d 862 ) (2006) (motion to suppress evidence seized during investigatory stop should have been granted where officer lacked reasonable, articulable suspicion for stop). 4 See Woods v. State, 275 Ga. App. 340, 344 (1) (b) ( 620 SE2d 609 ) (2005). 5 (Punctuation …
discussed Cited as authority (rule) Hicks v. State
Ga. Ct. App. · 2007 · confidence medium
Franklin, Jr., District Attorney, for appellee. 1 OCGA§ 16-11-131 (b). 2 Owens v. State, 236 Ga. App. 534, 535 ( 512 SE2d 394 ) (1999). 3 Tate v. State, 264 Ga. 53, 54 (1) ( 440 SE2d 646 ) (1994). 4 White v. State, 263 Ga. 94, 98 (5) ( 428 SE2d 789 ) (1993). 5 State v. Gomez, 266 Ga. App. 423, 424-425 (1) ( 597 SE2d 509 ) (2004). 6 State v. Serio, 257 Ga. App. 369, 371 (2) (a) ( 571 SE2d 168 ) (2002). 7 State v. Evans, 187 Ga. App. 649, 651 (2) ( 371 SE2d 432 ) (1988), overruled on other grounds, State v. Smith, 268 Ga. 75, 76, n. 7 ( 485 SE2d 491 ) (1997). 8 State v. Lucas, 265 Ga. App. 242 …
discussed Cited as authority (rule) Moore v. State
Ga. Ct. App. · 2006 · confidence medium
Smith, P. J., and Phipps, J., concur. 1 See Foster v. State, 258 Ga. App. 601 (1) ( 574 SE2d 843 ) (2002). 2 (Punctuation omitted.) Autry v. State, 277 Ga. App. 305 ( 626 SE2d 528 ) (2006). 3 Lamb v. State, 269 Ga. App. 335, 336 ( 604 SE2d 207 ) (2004). 4 State v. Gomez, 266 Ga. App. 423, 425-426 (3) ( 597 SE2d 509 ) (2004). 5 See id. at 426 (investigative stop justified where officer has reasonable, articulable suspicion). 6 (Footnote omitted.) Trotter v. State, 256 Ga. App. 330, 331-332 (1) ( 568 SE2d 571 ) (2002). 7 See id.; Frederick v. State, 270 Ga. App. 397,398 ( 606 SE2d 615 ) (2004); …
discussed Cited as authority (rule) Prather v. State
Ga. Ct. App. · 2006 · confidence medium
(Citations and punctuation omitted; emphasis supplied.) Gomez, 266 Ga. App. at 425-426 (3). 3 See also State v. Harden, 267 Ga. App. 381, 383 ( 599 SE2d 329 ) (2004); Brown v. State, 261 Ga. App. 228,229-230 ( 582 SE2d 183 ) (2003); Brown v. State, 253 Ga. App. 741, 742-743 (1) ( 560 SE2d 316 ) (2002); Overand v. State, 240 Ga. App. 682, 683 (1) ( 523 SE2d 610 ) (1999).
discussed Cited as authority (rule) Prather v. State
Ga. Ct. App. · 2006 · confidence medium
(Citations and punctuation omitted; emphasis supplied.) Gomez, 266 Ga.App. at 425-426 (3). 597 S.E.2d 509 . [3] See also State v. Harden, 267 Ga.App. 381, 383 , 599 S.E.2d *48 329 (2004); Brown v. State, 261 Ga.App. 228, 229-230 , 582 S.E.2d 183 (2003); Brown v. State, 253 Ga.App. 741, 742-743 (1), 560 S.E.2d 316 (2002); Overand v. State, 240 Ga.App. 682, 683 (1), 523 S.E.2d 610 (1999).
cited Cited as authority (rule) State v. Conley
Ga. Ct. App. · 2005 · confidence medium
(Citations and punctuation omitted; emphasis in original.) State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004).
discussed Cited as authority (rule) State v. Harden
Ga. Ct. App. · 2004 · confidence medium
Blackburn, P. J., and Barnes, J., concur. 1 Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968). 2 (Citation omitted.) State v. Langlands, 276 Ga. 721 (1) ( 583 SE2d 18 ) (2003). 3 (Citation omitted.) Hudson v. State, 253 Ga. App. 210 ( 558 SE2d 420 ) (2001). 4 264 Ga. 319 ( 443 SE2d 474 ) (1994). 5 Id. 6 Id. at 321 (2). 7 Id. 8 See Thomason v. State, 268 Ga. 298, 301 (2) (a) ( 486 SE2d 861 ) (1997) (officer knew driver’s gender and race, and color, manufacturer, model, and model year of the car); Shorter v. State, 239 Ga. App. 625, 626 (1) ( 521 SE2d 684 ) (1999) (“officer was loo…
discussed Cited "see" Taylor v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See State v. Gomez, 266 Ga. App. 423, 425 (1) ( 597 SE2d 509 ) (2004); see also State v. Mojica, 316 Ga. App. 619, 622 (2) (a), n. 8 ( 730 SE2d 94 ) (2012) (OCGA § 17-7-110 does not require a written order granting an extension).
discussed Cited "see" Jeffrey Taylor v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See State v. Gomez, 266 Ga. App. 423, 425 (1) ( 597 SE2d 509 ) (2004); see also State v. Mojica, 316 Ga. App. 619, 622 (2) (a), n. 8 ( 730 SE2d 94 ) (2012) (OCGA § 17-7-110 does not require a written order granting an extension).
examined Cited "see" Sims v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2009 · signal: see · confidence high
Smith, P. J., and Bernes, J., concur. 1 Vansant v. State, 264 Ga. 319, 320 (1) ( 443 SE2d 474 ) (1994) (citations omitted). 2 Id. at 320 (2) (citations and punctuation omitted). 3 Id. (citation and punctuation omitted). 4 See Easterlin v. State, 216 Ga. App. 112, 113 ( 452 SE2d 801 ) (1995) (tip provided by informant of unknown reliability will not ordinarily create reasonable suspicion of criminal activity, unless it is sufficiently detailed to provide basis for predicting suspect’s future behavior and police observation corroborates details); VonLinsowe v. State, 213 Ga. App. 619, 621 (1) …
discussed Cited "see" State v. Bingham (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See State v. Gomez, 266 Ga. App. 423, 426 (3) ( 597 SE2d 509 ) (2004) (citizen call to 911 reporting a car driving erratically and providing a description of the same); Brown v. State, supra, 253 Ga. App. at 743 (1).
discussed Cited "see, e.g." James M. Lovell v. State (2×)
Ga. Ct. App. · 2025 · signal: compare · confidence medium
Compare State v. Gomez, 266 Ga. App. 423, 425 (2) ( 597 SE2d 509 ) (2004) (motion to suppress in traffic-stop case “was so grossly inapplicable to the facts of this case that it did not reasonably put the State on notice as to its nature and scope”; it identified the wrong legal issues to be addressed at the hearing, including asserting that officers violated defendant’s constitutional rights when they searched his home, and nothing in the motion to suppress indicated that defendant was challenging the legal basis for the traffic stop).
examined Cited "see, e.g." State v. Smith (4×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
State v. Conley, 273 Ga. App. 855, 855 ( 616 SE2d 174 ) (2005) (citation and punctuation omitted); see also State v. Gomez, 266 Ga. App. 423, 425 (1) ( 597 SE2d 509 ) (2004) (same); State v. Roddy, 231 Ga. App. 91, 93 ( 497 SE2d 653 ) (1998) (same).
Retrieving the full opinion text from the archive…
The State
v.
Gomez
A03A2347.
Court of Appeals of Georgia.
Mar 22, 2004.
597 S.E.2d 509
2004 Ga. App. LEXIS 394
Gerald N. Blaney, Jr., Solicitor-General, Gary S. Vey, Assistant Solicitor-General, for appellant., Martin M. del Mazo, for appellee.
Ellington, Blackburn, Phipps.
Cited by 31 opinions  |  Published
Ellington, Judge.

In February 2002, the solicitor-general of Gwinnett County filed an accusation against Roberto Duran Gomez for driving under the influence of alcohol, OCGA § 40-6-391 (a) (1) and (5), as well as other traffic violations. The trial court subsequently ordered that all evidence resulting from the traffic stop be excluded at trial, and the State appeals. We find the trial court erred in excluding the evidence, because Gomez’s motion was both untimely and legally insufficient, and because the police officer had a sufficient legal basis for stopping Gomez. Therefore, we reverse.

The record shows that, at approximately 5:15 a.m. on October 20, 2001, a Gwinnett County police dispatcher transmitted a lookout for a red Honda Prelude, tag number 588ZJC, traveling northbound on Interstate 85. Acitizen had reported that the vehicle was “all over the[*424] roadway,” and the driver appeared to be intoxicated. A Gwinnett County police officer observed a red Honda Prelude on an exit ramp from northbound 1-85, confirmed that the tag number matched that given in the lookout, followed the car briefly without observing any traffic violations, then pulled the driver over. The officer arrested Gomez for DUI, failure to maintain a lane, failure to yield, and not having a valid driver’s license.

The State arraigned Gomez on April 15, 2002. Three days later, Gomez filed a generic motion to suppress, asserting that officers violated his constitutional rights when they searched his home without a valid warrant and asking that the fruits of this search be suppressed. At the hearing on the motion, the State argued that the motion was invalid because it was untimely filed and did not raise any legal issues that were relevant to this case. It is clear from the accusation that the charges only involved traffic violations, and it is undisputed that there had been no search of Gomez’s home. Therefore, there was no evidence to be suppressed pursuant to any such search. Further, even when read broadly, the motion did not raise any issue of whether the officer had a reasonable, articulable suspicion of criminal activity necessary to justify a traffic stop. [1]

In response to the State’s objections to the court’s consideration of his motion, Gomez conceded that the motion was “very broad,” and was “more of a drug suppression motion than it is for a DUI case,” [2] but asked the court to rule upon it anyway. Then, changing his argument midstream, Gomez asked the court to suppress all evidence based upon a finding that there was no probable cause for his arrest. Eventually, the trial court determined sua sponte that the real issue to be decided in this case was whether there was sufficient reasonable, articulable suspicion to justify the traffic stop. The court found that there was no evidence that the concerned citizen who first reported Gomez’s erratic driving had an ulterior motive, and that there did not appear to be an issue as to whether the citizen was reliable. Even so, the trial court held that, because the officer did not actually see Gomez commit a traffic offense or otherwise corroborate the citizen’s report, the officer lacked a reasonable, articulable suspicion of criminal activity to justify the traffic stop. The court then granted Gomez’s motion to suppress.

1. On appeal, the State challenges the court’s order, arguing that Gomez waived a motion to suppress because he did not timely file the motion and, then, failed to secure the court’s written extension of time to file. Under Uniform Superior Court Rule 31.1, “[a]ll motions,[*425] demurrers, and special pleas shall be made and filed at or before time of arraignment, unless time therefor is extended by the judge in writing prior to trial.”

USCR 31.1 does not allow exceptions; its flexibility is provided by when and how an extension of time for filing may be granted. When faced with an untimely pre-trial motion, the court may dismiss the motion or entertain a request by the defendant to enter a written order accepting the late filing.

(Citation, punctuation and footnote omitted.) State v. Serio, 257 Ga. App. 369, 371 (571 SE2d 168) (2002). In this case, the trial court did neither, and its grant of Gomez’s untimely motion to suppress was error.

2. Further, even if the motion had been timely filed, it didnot seek the relief granted, and was so grossly inapplicable to the facts of tins case that it did not reasonably put the State on notice as to its háture and scope. “As a matter of course, evidence exclusion is an extreme sanction and one not favored in the law.” State v. Roddy, 231 Ga. App. 91, 93 (497 SE2d 653) (1998). For this reason, OCGA § 17-5-30 (b) requires a motion to suppress to be in writing and to “state facts showing that the search and seizure were unlawful. On a motion to suppress, the State is entitled to proper notice of the issue raised or it will be deemed waived.” (Citations and punctuation omitted¡) State v. Allen, 256 Ga. App. 798, 800 (570 SE2d 34) (2002). In other words, “the suppression motion must be sufficient to put the State on notice as to the type of search [or seizure] involved . . . , which witness to bring to the hearing on the motion, and the legal issues to be resolved at that hearing.” (Citations and punctuation omitted; emphásis in original.) State v. Roddy, 231 Ga. App. at 93.

In this case, the motion identified the wrong legal issues to be addressed at the hearing, and nothing in the motion to suppress indicated that Gomez was challenging the legal basis for the traffic stop. As a result, the State had no notice that it would be expected to address this issue during the hearing. We find the trial court erred in granting Gomez’s motion to suppress under these circumstances.

3. Finally, we also conclude the trial court erred when it found that, because the officer did not actually see Gomez commit a traffic offense, the officer lacked a reasonable, articulable suspición of criminal activity to justify the traffic stop.

A dispatcher who reports a crime at a specified location gives police an articulable suspicion to investigate and detain individuals at the scene, particularly where police observations on arriving at the scene corroborate the dispatcher’s[*426] report. Even if the dispatcher’s information comes from a citizen or an unidentified informant, the investigatory detention is valid, for patrolling officers are not required to question dispatchers about the source of the information. Further, corroboration only solidifies the existence of an articulable suspicion.
Decided March 22, 2004. Gerald N. Blaney, Jr., Solicitor-General, Gary S. Vey, Assistant Solicitor-General, for appellant. Martin M. del Mazo, for appellee.

(Citations and punctuation omitted.) Brown v. State, 253 Ga. App. 741, 742-743 (1) (560 SE2d 316) (2002).

In this case, a citizen reported that a red Honda Prelude with tag number 588ZJC was traveling northbound on 1-85, and that the driver was driving “all over the roadway” and appeared to be intoxicated. As the trial court found, there was no evidence that the citizen knew Gomez or that the citizen had an ulterior motive for reporting his observations. Apolice dispatcher transmitted a lookout for the car based upon the citizen’s report of this specific information. Shortly after hearing this dispatch, the officer spotted a vehicle that matched this description on an exit ramp from northbound 1-85, and confirmed that the tag number matched that given in the lookout. Under these facts, we conclude that the officer had a reasonable, articulable suspicion to justify an investigative traffic stop, and was not required to question the dispatcher about the source of the information or to wait until he actually observed Gomez committing a crime. Brown v. State, 253 Ga. App. at 742-743 (1); Hudson v. State, 253 Ga. App. 210, 211-212 (558 SE2d 420) (2002). Accordingly, the trial court erred in granting Gomez’s motion to suppress.

Judgment reversed.

Blackburn, P. J., and Phipps, J., concur.
1

See Terry v. Ohio, 392 U. S. 1, 21 (88 SC 1868, 20 LE2d 889) (1968).

2

There were no drugs involved in this case.