12 Georgia opinions name it 2 courts 1998–2020 0 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 |
|---|---|---|
Jorgensen v. Stategreen2 sentences1998To meet the reasonable suspicion standard, an officer’s investigation during a traffic stop “ ‘ “must be justified by specific, articulable facts sufficient to give rise to a reasonable suspicion of criminal conduct[.][Cits.]” ’ ” Jorgensen v. State, 207 Ga. App. 545, 546 ( 428 SE2d 440 ) (1993). 1998To meet the reasonable suspicion standard, an officer’s investigation during a traffic stop “ ‘ “must be justified by specific, articulable facts sufficient to give rise to a reasonable suspicion of criminal conduct[.][Cits.]” ’ ” Jorgensen v. State, 207 Ga. App. 545, 546 ( 428 SE2d 440 ) (1993). | 2 | 2 |
Walker v. Stategreen2 sentences2020“To meet the reasonable suspicion standard, the police must have, under the totality of the circumstances, a particularized and objective basis for suspecting the person is involved in criminal activity.” Id. (punctuation omitted). 2019To meet the reasonable suspicion standard for conducting a second-tier investigatory detention, "the police must have, under the totality of the circumstances, a particularized and objective basis for suspecting [that a] person is involved in criminal activity." (Citation and punctuation omitted.) Walker v. State , 314 Ga. App. 67 , 70 (1), 722 S.E.2d 887 (2012). | 1 | 3 |
Terry v. Stategreen2 sentences2020This is not the type of “good faith” belief that a traffic violation is actually being committed[,] which would legally permit a stop of this vehicle as the credible evidence failed to articulate a factual basis for believing that this vehicle was in violation of OCGA § 40-8-73.1 (b).6 6 The trial court cited Terry v. State, 283 Ga. App. 158, 160 ( 640 SE2d 724 ) (2007) (affirming the denial of a motion to suppress because, “regardless of whether [the defendant’s] driving maneuvers were illegal,” the police officer “was authorized to conclude that in turning off the roadway, engaging in a poss 2020This is not the type of “good faith” belief that a traffic violation is actually being committed[,] which would legally permit a stop of this vehicle as the credible evidence failed to articulate a factual basis for believing that this vehicle was in violation of OCGA § 40-8-73.1 (b).6 6 The trial court cited Terry v. State, 283 Ga. App. 158, 160 ( 640 SE2d 724 ) (2007) (affirming the denial of a motion to suppress because, “regardless of whether [the defendant’s] driving maneuvers were illegal,” the police officer “was authorized to conclude that in turning off the roadway, engaging in a poss | 1 | 1 |
Brown v. Stategreen2 sentences2012To meet the reasonable suspicion standard, the police must have, under the totality of the circumstances, “a particularized and objective basis for suspecting the person is involved in criminal activity.” (Citation and punctuation omitted.) Brown v. State, 301 Ga. App. 82, 84-85 ( 686 SE2d 793 ) (2009). 2012To meet the reasonable suspicion standard, the police must have, under the totality of the circumstances, “a particularized and objective basis for suspecting the person is involved in criminal activity.” (Citation and punctuation omitted.) Brown v. State, 301 Ga. App. 82, 84-85 ( 686 SE2d 793 ) (2009). | 1 | 1 |
Garmon v. Stategreen2 sentences2009See Garmon v. State, 271 Ga. 673, 678 (3) ( 524 SE2d 211 ) (1999) (considering insignificant the fact that the officers testified to their predetermined plan to stop all vehicles leaving a home under surveillance because “the legality of the initial stop and detention under a Terry-type rationale ... is based on objective criteria, not on the subjective or ulterior motive of police”); Stadnisky v. State, 285 Ga. App. 33, 37 (2) ( 645 SE2d 545 ) (2007) (rejecting appellant’s argument that he had been unlawfully detained by an unidentified officer who did not testify at the motion hearing becaus 2009See Garmon v. State, 271 Ga. 673, 678 (3) ( 524 SE2d 211 ) (1999) (considering insignificant the fact that the officers testified to their predetermined plan to stop all vehicles leaving a home under surveillance because “the legality of the initial stop and detention under a Terry-type rationale ... is based on objective criteria, not on the subjective or ulterior motive of police”); Stadnisky v. State, 285 Ga. App. 33, 37 (2) ( 645 SE2d 545 ) (2007) (rejecting appellant’s argument that he had been unlawfully detained by an unidentified officer who did not testify at the motion hearing becaus | 1 | 1 |
Garrett v. Stategreen2 sentences2009See Garmon v. State, 271 Ga. 673, 678 (3) ( 524 SE2d 211 ) (1999) (considering insignificant the fact that the officers testified to their predetermined plan to stop all vehicles leaving a home under surveillance because “the legality of the initial stop and detention under a Terry-type rationale ... is based on objective criteria, not on the subjective or ulterior motive of police”); Stadnisky v. State, 285 Ga. App. 33, 37 (2) ( 645 SE2d 545 ) (2007) (rejecting appellant’s argument that he had been unlawfully detained by an unidentified officer who did not testify at the motion hearing becaus 2009See Garmon v. State, 271 Ga. 673, 678 (3) ( 524 SE2d 211 ) (1999) (considering insignificant the fact that the officers testified to their predetermined plan to stop all vehicles leaving a home under surveillance because “the legality of the initial stop and detention under a Terry-type rationale ... is based on objective criteria, not on the subjective or ulterior motive of police”); Stadnisky v. State, 285 Ga. App. 33, 37 (2) ( 645 SE2d 545 ) (2007) (rejecting appellant’s argument that he had been unlawfully detained by an unidentified officer who did not testify at the motion hearing becaus | 1 | 1 |
Stadnisky v. Stategreen2 sentences2009See Garmon v. State, 271 Ga. 673, 678 (3) ( 524 SE2d 211 ) (1999) (considering insignificant the fact that the officers testified to their predetermined plan to stop all vehicles leaving a home under surveillance because “the legality of the initial stop and detention under a Terry-type rationale ... is based on objective criteria, not on the subjective or ulterior motive of police”); Stadnisky v. State, 285 Ga. App. 33, 37 (2) ( 645 SE2d 545 ) (2007) (rejecting appellant’s argument that he had been unlawfully detained by an unidentified officer who did not testify at the motion hearing becaus 2009See Garmon v. State, 271 Ga. 673, 678 (3) ( 524 SE2d 211 ) (1999) (considering insignificant the fact that the officers testified to their predetermined plan to stop all vehicles leaving a home under surveillance because “the legality of the initial stop and detention under a Terry-type rationale ... is based on objective criteria, not on the subjective or ulterior motive of police”); Stadnisky v. State, 285 Ga. App. 33, 37 (2) ( 645 SE2d 545 ) (2007) (rejecting appellant’s argument that he had been unlawfully detained by an unidentified officer who did not testify at the motion hearing becaus | 1 | 1 |
Cole v. Stategreen2 sentences2009See Garmon v. State, 271 Ga. 673, 678 (3) ( 524 SE2d 211 ) (1999) (considering insignificant the fact that the officers testified to their predetermined plan to stop all vehicles leaving a home under surveillance because “the legality of the initial stop and detention under a Terry-type rationale ... is based on objective criteria, not on the subjective or ulterior motive of police”); Stadnisky v. State, 285 Ga. App. 33, 37 (2) ( 645 SE2d 545 ) (2007) (rejecting appellant’s argument that he had been unlawfully detained by an unidentified officer who did not testify at the motion hearing becaus 2009See Garmon v. State, 271 Ga. 673, 678 (3) ( 524 SE2d 211 ) (1999) (considering insignificant the fact that the officers testified to their predetermined plan to stop all vehicles leaving a home under surveillance because “the legality of the initial stop and detention under a Terry-type rationale ... is based on objective criteria, not on the subjective or ulterior motive of police”); Stadnisky v. State, 285 Ga. App. 33, 37 (2) ( 645 SE2d 545 ) (2007) (rejecting appellant’s argument that he had been unlawfully detained by an unidentified officer who did not testify at the motion hearing becaus | 1 | 1 |
Parker v. Stategreen2 sentences1998Although this suspicion need not meet the standard of probable cause, it must be more than mere caprice or a hunch or an inclination.” (Citations and punctuation omitted.) Parker v. State, 233 Ga. App. 616, 617-618 (1) ( 504 SE2d 774 ) (1998). 1998Although this suspicion need not meet the standard of probable cause, it must be more than mere caprice or a hunch or an inclination.” (Citations and punctuation omitted.) Parker v. State, 233 Ga. App. 616, 617-618 (1) ( 504 SE2d 774 ) (1998). | 1 | 1 |
State v. Smithgreen2 sentences1998“Although this suspicion need not meet the standard of probable cause, it must be more than mere caprice or a hunch or an inclination.” State v. Smith, 137 Ga. App. 101, 102 ( 223 SE2d 30 ) (1975). 1998“Although this suspicion need not meet the standard of probable cause, it must be more than mere caprice or a hunch or an inclination.” State v. Smith, 137 Ga. App. 101, 102 ( 223 SE2d 30 ) (1975). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
The State v. Preston.
green
1 sentence2020This suspicion need not meet the standard of probable cause, but must be more than mere caprice or a hunch or an inclination. 7 (Citations and punctuation omitted.) Id. at 664-665 . | 1 | 2020–2020 |
Illinois v. Wardlow
green
2 sentences2019"This suspicion need not meet the standard of probable cause, but must be more than mere caprice or a hunch *587 or an inclination." (Citation and punctuation omitted.) Gonzalez v. State , 334 Ga. App. 706 , 711 (2), 780 S.E.2d 383 (2015). "[T]he determination of reasonable suspicion must be based on commonsense judgments and inferences about human behavior" rather than on scientific certainty. *665 Illinois v. Wardlow , 528 U.S. 119 , 125, 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000). 2019"This suspicion need not meet the standard of probable cause, but must be more than mere caprice or a hunch *587 or an inclination." (Citation and punctuation omitted.) Gonzalez v. State , 334 Ga. App. 706 , 711 (2), 780 S.E.2d 383 (2015). "[T]he determination of reasonable suspicion must be based on commonsense judgments and inferences about human behavior" rather than on scientific certainty. *665 Illinois v. Wardlow , 528 U.S. 119 , 125, 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000). | 1 | 2019–2019 |
Gonzalez v. the State
green
2 sentences2019"This suspicion need not meet the standard of probable cause, but must be more than mere caprice or a hunch *587 or an inclination." (Citation and punctuation omitted.) Gonzalez v. State , 334 Ga. App. 706 , 711 (2), 780 S.E.2d 383 (2015). "[T]he determination of reasonable suspicion must be based on commonsense judgments and inferences about human behavior" rather than on scientific certainty. *665 Illinois v. Wardlow , 528 U.S. 119 , 125, 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000). 2019"This suspicion need not meet the standard of probable cause, but must be more than mere caprice or a hunch *587 or an inclination." (Citation and punctuation omitted.) Gonzalez v. State , 334 Ga. App. 706 , 711 (2), 780 S.E.2d 383 (2015). "[T]he determination of reasonable suspicion must be based on commonsense judgments and inferences about human behavior" rather than on scientific certainty. *665 Illinois v. Wardlow , 528 U.S. 119 , 125, 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000). | 1 | 2019–2019 |
Terry v. Ohio
green
1 sentence2004To meet the reasonable suspicion standard, police must point, under the totality of the circumstances, to “specific and articulable facts which, taken together with rational inferences from those facts, . . . [provide] a particularized and objective basis for suspecting the particular person stopped of criminal activity.” (Punctuation omitted.) Id. at 320 ; Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968). *338 Accordingly, a general suspicion or a mere hunch is not sufficient to support an investigative stop. | 1 | 2004–2004 |
State v. Wright
green
1 sentence2004Applying the principles stated in State v. Wright, supra, we conclude that the objective observations of a trained officer were sufficient to support a reasonable suspicion that a violation of OCGA § 40-8-73.1 was occurring in his presence. | 1 | 2004–2004 |
Vansant v. State
green
1 sentence2004To meet the reasonable suspicion standard, police must point, under the totality of the circumstances, to “specific and articulable facts which, taken together with rational inferences from those facts, . . . [provide] a particularized and objective basis for suspecting the particular person stopped of criminal activity.” (Punctuation omitted.) Id. at 320 ; Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968). *338 Accordingly, a general suspicion or a mere hunch is not sufficient to support an investigative stop. | 1 | 2004–2004 |
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.