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16 Georgia opinions name it 1 courts 1987–2024 3 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Davis v. Stategreen2 sentences2012(Citation and punctuation omitted.) Davis v. State, 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998). 2012(Citation and punctuation omitted.) Davis v. State, 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998). | 4 | 4 |
Clark v. Stategreen2 sentences2024Although that subdivision sets forth that a person must “be restrained” by a seatbelt, rather than “wear” a seatbelt, 4 we have previously stated that “not wearing a seatbelt is a violation of OCGA § 40-8- 76.1 (b).” See Taylor v. State, 263 Ga. App. 420, 422 ( 587 SE2d 791 ) (2003); see also Clark v. State, 305 Ga. App. 699, 700 (1) ( 700 SE2d 682 ) (2010) (“A seat belt violation—including a motorist’s failure to use a shoulder strap—is a proper basis for a traffic stop.”). 2024Although that subdivision sets forth that a person must “be restrained” by a seatbelt, rather than “wear” a seatbelt, 4 we have previously stated that “not wearing a seatbelt is a violation of OCGA § 40-8- 76.1 (b).” See Taylor v. State, 263 Ga. App. 420, 422 ( 587 SE2d 791 ) (2003); see also Clark v. State, 305 Ga. App. 699, 700 (1) ( 700 SE2d 682 ) (2010) (“A seat belt violation—including a motorist’s failure to use a shoulder strap—is a proper basis for a traffic stop.”). | 3 | 3 |
Rogers v. Stategreen2 sentences2012Thus, we find that the initial stop, as well as the brief detention, was authorized. 7 Davis, supra at 321-322 (1); Accord Clark v. State, 305 Ga. App. 699, 700 (1) ( 700 SE2d 682 ) (2010) (“A seat belt violation - including a motorist’s failure to use a shoulder strap - is a proper basis for a traffic stop”) (citations omitted). 8 (Citations and punctuation omitted.) Davis v. State, supra at 322 (1); Rogers v. State, 206 Ga. App. 654, 657 (2) ( 426 SE2d 209 ) (1992). 9 Davis, supra; Rogers, supra. 5 2. 2012Thus, we find that the initial stop, as well as the brief detention, was authorized. 7 Davis, supra at 321-322 (1); Accord Clark v. State, 305 Ga. App. 699, 700 (1) ( 700 SE2d 682 ) (2010) (“A seat belt violation - including a motorist’s failure to use a shoulder strap - is a proper basis for a traffic stop”) (citations omitted). 8 (Citations and punctuation omitted.) Davis v. State, supra at 322 (1); Rogers v. State, 206 Ga. App. 654, 657 (2) ( 426 SE2d 209 ) (1992). 9 Davis, supra; Rogers, supra. 5 2. | 2 | 2 |
Fernandez v. Stategreen2 sentences2010See Fernandez, supra at 157 (3) (b) (i); Moran v. State, 257 Ga. App. 236, 238 (4) ( 570 SE2d 673 ) (2002); Davis v. State, 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998); see also OCGA § 40-8-76.1 (e) (2) (person who violates seat belt regulations “shall be guilty of the offense of failure to wear a seat safety belt”). 2005See Fernandez v. State, 275 Ga. App. 151, 157 (3) (b) (i) ( 619 SE2d 821 ) (2005); Davis v. State, 232 Ga. App. 320, 321-322 (1) ( 501 SE2d 836 ) (1998). | 2 | 2 |
Terry v. Ohiogreen2 sentences1998See Terry v. Ohio, supra at 20-27; State v. Armstrong, 223 Ga. App. 350 ( 477 SE2d 635 ) (1996). 1997See Terry v. Ohio, supra at 20-27; State v. Armstrong, 223 Ga. App. 350 ( 477 SE2d 635 ) (1996). | 2 | 2 |
State v. Gibbonsgreen2 sentences2003“Because [Habib’s] consent to search his [car] was the product of this illegal detention, it was not valid. [Cit.]” State v. Gibbons, 248 Ga. App. 859, 864 ( 547 SE2d 679 ) (2001). 2001We agreed with the trial court that this continued detention was unauthorized, noting that “the trooper admitted that he held [the] driver’s license while asking questions that were not related to the seat belt violation,” id. at 864 , and that “[t]here is no evidence that the trooper asked these questions while performing a license or vehicle registration check.” Id. at 864, n. 1 . | 1 | 2 |
State v. Kennedygreen2 sentences2024Compare State v. Kennedy, 216 Ga. App. 405 ( 454 SE2d 600 ) (1995) (affirming trial court’s grant of plea in bar of vehicular homicide charge where defendant paid traffic ticket for driving on the wrong side of the road, her bond was forfeited in open court, and an order from state court judge approving the bond forfeiture and disposing of case was filed). 2024Compare State v. Kennedy, 216 Ga. App. 405 ( 454 SE2d 600 ) (1995) (affirming trial court’s grant of plea in bar of vehicular homicide charge where defendant paid traffic ticket for driving on the wrong side of the road, her bond was forfeited in open court, and an order from state court judge approving the bond forfeiture and disposing of case was filed). | 1 | 1 |
Brown v. Stategreen2 sentences2024See Brown v. State, 251 Ga. App. 569, 571-572 ( 554 SE2d 760 ) (2001) (defendant was not subject to former prosecution by virtue of having paid a fine for a seat belt violation); Collins v. State, 177 Ga. App. 758 (1) ( 341 SE2d 288 ) (1986) (defendant not subject to former prosecution after clerk accepted payment of fine for speeding ticket). 2024See Brown v. State, 251 Ga. App. 569, 571-572 ( 554 SE2d 760 ) (2001) (defendant was not subject to former prosecution by virtue of having paid a fine for a seat belt violation); Collins v. State, 177 Ga. App. 758 (1) ( 341 SE2d 288 ) (1986) (defendant not subject to former prosecution after clerk accepted payment of fine for speeding ticket). | 1 | 1 |
Rivera v. Washingtongreen2 sentences2024See also Rivera v. Washington, 298 Ga. 770, 778 ( 784 SE2d 775 ) (2016) (“[A] defendant asserting an immunity defense may move to dismiss for lack of subject matter jurisdiction under OCGA § 9-11-12 (b) (1), on consideration of which, the trial court may hear evidence and make relevant factual findings to decide the threshold issue.”). 2 stopped at an intersection at the time, turned to follow the Marquis, immediately activated his blue lights, and attempted to execute a traffic stop based on the seat belt violation.3 Prosser noticed the passenger “sit up and then quickly sit back,” and he not 2024See also Rivera v. Washington, 298 Ga. 770, 778 ( 784 SE2d 775 ) (2016) (“[A] defendant asserting an immunity defense may move to dismiss for lack of subject matter jurisdiction under OCGA § 9-11-12 (b) (1), on consideration of which, the trial court may hear evidence and make relevant factual findings to decide the threshold issue.”). 2 stopped at an intersection at the time, turned to follow the Marquis, immediately activated his blue lights, and attempted to execute a traffic stop based on the seat belt violation.3 Prosser noticed the passenger “sit up and then quickly sit back,” and he not | 1 | 1 |
Taylor v. Stategreen2 sentences2024Although that subdivision sets forth that a person must “be restrained” by a seatbelt, rather than “wear” a seatbelt, 4 we have previously stated that “not wearing a seatbelt is a violation of OCGA § 40-8- 76.1 (b).” See Taylor v. State, 263 Ga. App. 420, 422 ( 587 SE2d 791 ) (2003); see also Clark v. State, 305 Ga. App. 699, 700 (1) ( 700 SE2d 682 ) (2010) (“A seat belt violation—including a motorist’s failure to use a shoulder strap—is a proper basis for a traffic stop.”). 2024Although that subdivision sets forth that a person must “be restrained” by a seatbelt, rather than “wear” a seatbelt, 4 we have previously stated that “not wearing a seatbelt is a violation of OCGA § 40-8- 76.1 (b).” See Taylor v. State, 263 Ga. App. 420, 422 ( 587 SE2d 791 ) (2003); see also Clark v. State, 305 Ga. App. 699, 700 (1) ( 700 SE2d 682 ) (2010) (“A seat belt violation—including a motorist’s failure to use a shoulder strap—is a proper basis for a traffic stop.”). | 1 | 1 |
Moran v. Stategreen2 sentences2010See Fernandez, supra at 157 (3) (b) (i); Moran v. State, 257 Ga. App. 236, 238 (4) ( 570 SE2d 673 ) (2002); Davis v. State, 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998); see also OCGA § 40-8-76.1 (e) (2) (person who violates seat belt regulations “shall be guilty of the offense of failure to wear a seat safety belt”). 2010See Fernandez, supra at 157 (3) (b) (i); Moran v. State, 257 Ga. App. 236, 238 (4) ( 570 SE2d 673 ) (2002); Davis v. State, 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998); see also OCGA § 40-8-76.1 (e) (2) (person who violates seat belt regulations “shall be guilty of the offense of failure to wear a seat safety belt”). | 1 | 1 |
Steinberg v. Stategreen2 sentences2010James, Jr., Solicitor-General, Desiree Laster-Hayes, Assistant Solicitor-General, for appellee. 1 We note that Clark’s acquittal of the seat belt violation does not affect “whether the traffic stop was lawful.” Steinberg v. State, 286 Ga. App. 417, 419 (1) ( 650 SE2d 268 ) (2007). 2010James, Jr., Solicitor-General, Desiree Laster-Hayes, Assistant Solicitor-General, for appellee. 1 We note that Clark’s acquittal of the seat belt violation does not affect “whether the traffic stop was lawful.” Steinberg v. State, 286 Ga. App. 417, 419 (1) ( 650 SE2d 268 ) (2007). | 1 | 1 |
Jackson v. Stategreen2 sentences2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St 2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St | 1 | 1 |
Buckholts v. Stategreen2 sentences2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St 2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St | 1 | 1 |
Curtis v. Stategreen2 sentences2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St 2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St | 1 | 1 |
Sherrer v. Stategreen2 sentences2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St 2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St | 1 | 1 |
Richardson v. Stategreen2 sentences1999“This rises ... to the level of probable cause to arrest.” Richardson v. State, 232 Ga. App. 398, 400 (1) ( 501 SE2d 885 ) (1998). 1999“This rises ... to the level of probable cause to arrest.” Richardson v. State, 232 Ga. App. 398, 400 (1) ( 501 SE2d 885 ) (1998). | 1 | 1 |
Temples v. Stategreen2 sentences1998Obviously, an officer need not ignore the smell of alcohol emanating from the driver of a vehicle simply because the initial stop of the vehicle was for a seat belt violation.” Temples v. State, 228 Ga. App. 228, 230 ( 491 SE2d 444 ). 1998Obviously, an officer need not ignore the smell of alcohol emanating from the driver of a vehicle simply because the initial stop of the vehicle was for a seat belt violation.” Temples v. State, 228 Ga. App. 228, 230 ( 491 SE2d 444 ). | 1 | 1 |
Franklin v. Gibsongreen2 sentences1987See Franklin v. Gibson, 188 Cal. Rptr. 23, 25 ( 138 Cal. App. 3d 340 (1982)); Schmitzer v. Misener-Bennett Ford, 354 NW2d 336, 339, fn. 3 ( 135 Mich. App. 350 (1984)). 1987See Franklin v. Gibson, 188 Cal. Rptr. 23, 25 ( 138 Cal. App. 3d 340 (1982)); Schmitzer v. Misener-Bennett Ford, 354 NW2d 336, 339, fn. 3 ( 135 Mich. App. 350 (1984)). | 1 | 1 |
Schmitzer v. Misener-Bennett Ford, Inc.green2 sentences1987See Franklin v. Gibson, 188 Cal. Rptr. 23, 25 ( 138 Cal. App. 3d 340 (1982)); Schmitzer v. Misener-Bennett Ford, 354 NW2d 336, 339, fn. 3 ( 135 Mich. App. 350 (1984)). 1987See Franklin v. Gibson, 188 Cal. Rptr. 23, 25 ( 138 Cal. App. 3d 340 (1982)); Schmitzer v. Misener-Bennett Ford, 354 NW2d 336, 339, fn. 3 ( 135 Mich. App. 350 (1984)). | 1 | 1 |
Cullen v. Timmgreen2 sentences1987Insofar as Cullen v. Timm, 184 Ga. App. 80, 83 ( 360 SE2d 745 ), cited by the majority, holds to the contrary, it should be overruled. 1987Insofar as Cullen v. Timm, 184 Ga. App. 80, 83 ( 360 SE2d 745 ), cited by the majority, holds to the contrary, it should be overruled. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Armstrong
green
2 sentences1998See Terry v. Ohio, supra at 20-27; State v. Armstrong, 223 Ga. App. 350 ( 477 SE2d 635 ) (1996). 1998See Terry v. Ohio, supra at 20-27; State v. Armstrong, 223 Ga. App. 350 ( 477 SE2d 635 ) (1996). | 2 | 1997–1998 |
Collins v. State
green
2 sentences2024See Brown v. State, 251 Ga. App. 569, 571-572 ( 554 SE2d 760 ) (2001) (defendant was not subject to former prosecution by virtue of having paid a fine for a seat belt violation); Collins v. State, 177 Ga. App. 758 (1) ( 341 SE2d 288 ) (1986) (defendant not subject to former prosecution after clerk accepted payment of fine for speeding ticket). 2024See Brown v. State, 251 Ga. App. 569, 571-572 ( 554 SE2d 760 ) (2001) (defendant was not subject to former prosecution by virtue of having paid a fine for a seat belt violation); Collins v. State, 177 Ga. App. 758 (1) ( 341 SE2d 288 ) (1986) (defendant not subject to former prosecution after clerk accepted payment of fine for speeding ticket). | 1 | 2024–2024 |
Williams v. State
green
2 sentences2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St 2008Andrews and Bernes, JJ., concur. 1 The jury also found him guilty of obstruction, and the trial court directed a verdict of not guilty with regard to a seat belt violation. 2 See Williams v. State, 285 Ga. App. 190 (1) ( 645 SE2d 676 ) (2007). 3 See Sherrer v. State, 289 Ga. App. 156, 157 (1) ( 656 SE2d 258 ) (2008). 4 (Punctuation omitted.) Id. 5 See Curtis v. State, 282 Ga. App. 322, 324 (2) (a) ( 638 SE2d 773 ) (2006). 6 Buckholts v. State, 283 Ga. App. 254, 257 (2) ( 641 SE2d 246 ) (2007). 7 (Punctuation omitted.) Curtis, supra at 324-325 . 8 See Buckholts, supra at 257-258 ; Jackson v. St | 1 | 2008–2008 |
Whren v. United States
green
1 sentence1999Although Officer Craddock acknowledged that he probably would not have stopped Harris but for Detective Lynn’s orders, which provides the basis for a pretext argument, “an officer’s ulterior motive is of no consequence under the holding in Whren v. United States, 517 U. S. 806 (116 SC 1769, 135 LE2d 89) [(1996)].” Cotton v. State, 237 Ga. App. 18 ( 513 SE2d 763 ) (1999). (b) Contrary to Harris’ assertion, Officer Craddock did not detain Harris and search his car based upon the seat belt violation; rather, Harris consented to the search. | 1 | 1999–1999 |
Cotton v. State
green
2 sentences1999Although Officer Craddock acknowledged that he probably would not have stopped Harris but for Detective Lynn’s orders, which provides the basis for a pretext argument, “an officer’s ulterior motive is of no consequence under the holding in Whren v. United States, 517 U. S. 806 (116 SC 1769, 135 LE2d 89) [(1996)].” Cotton v. State, 237 Ga. App. 18 ( 513 SE2d 763 ) (1999). (b) Contrary to Harris’ assertion, Officer Craddock did not detain Harris and search his car based upon the seat belt violation; rather, Harris consented to the search. 1999Although Officer Craddock acknowledged that he probably would not have stopped Harris but for Detective Lynn’s orders, which provides the basis for a pretext argument, “an officer’s ulterior motive is of no consequence under the holding in Whren v. United States, 517 U. S. 806 (116 SC 1769, 135 LE2d 89) [(1996)].” Cotton v. State, 237 Ga. App. 18 ( 513 SE2d 763 ) (1999). (b) Contrary to Harris’ assertion, Officer Craddock did not detain Harris and search his car based upon the seat belt violation; rather, Harris consented to the search. | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.