Brown v. State, 372 S.E.2d 574 (Ga. Ct. App. 1988). · Go Syfert
Brown v. State, 372 S.E.2d 574 (Ga. Ct. App. 1988). Cases Citing This Book View Copy Cite
74 citation events (28 in the last 25 years) across 6 distinct courts.
Strongest positive: Johnson v. State (gactapp, 2011-12-01)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 32 distinct citers.
examined Cited as authority (quoted) Johnson v. State (3×) also: Cited as authority (rule)
Ga. Ct. App. · 2011 · quote attribution · 1 verbatim quote · confidence low
the consent was the product of the
discussed Cited as authority (quoted) State v. Rivera (2×) also: Cited "see, e.g."
S.C. Ct. App. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence low
n order to eliminate any taint from an seizure or arrest, there must be proof both that the consent was voluntary and that it was not the product of the illegal detention.
discussed Cited as authority (quoted) State v. Pichardo
S.C. Ct. App. · 2005 · quote attribution · 1 verbatim quote · confidence low
n order to eliminate any taint from an seizure or arrest, there must be proof both that the consent was voluntary and that it was not the product of the illegal detention.
discussed Cited as authority (quoted) State v. Williams
S.C. Ct. App. · 2002 · quote attribution · 1 verbatim quote · confidence low
n order to eliminate any taint from an seizure or arrest, there must be proof both that the consent was voluntary and that it was not the product of the illegal detention.
discussed Cited as authority (rule) Ward v. State
Ga. Ct. App. · 2006 · confidence medium
Johnson, P. J., and Barnes, J., concur. 1 See Cain v. State, 274 Ga. App. 533 ( 617 SE2d 567 ) (2005). 2 (Punctuation and footnote omitted.) State v. Harris, 261 Ga. App. 119, 121 ( 581 SE2d 736 ) (2003). 3 See Johnson v. State, 268 Ga. App. 426, 430 (4) ( 602 SE2d 177 ) (2004). 4 We note that the State does not address this question in its brief, relying solely on its assertion that Officer Beltran “never did anything to imply that [Ward] was not free to leave, and [Ward] never did anything to indicate she wanted to leave.” 5 Daniel v. State, 277 Ga. 840, 843 (2) ( 597 SE2d 116 ) (2004). …
discussed Cited as authority (rule) State v. Jones
Ga. Ct. App. · 2004 · confidence medium
State v. Davis, 261 Ga. 225, 226 ( 404 SE2d 100 ) (1991), quoting Bumper v. North Carolina, 391 U. S. 543, 548 (88 SC 1788, 20 LE2d 797) (1968). 1 “[I]n order to eliminate any taint from an involuntary seizure or arrest, there must be proof both that the consent was voluntary and that it was not the product of [an] illegal detention.” Pledger v. State, 257 Ga. App. 794, 800 ( 572 SE2d 348 ) (2002), quoting Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988).
discussed Cited as authority (rule) Strickland v. State
Ga. Ct. App. · 2004 · confidence medium
Ruffin, R J, and Adams, J., concur. 1 Michigan Dept. of State Police v. Sitz, 496 U. S. 444 (110 SC 2481, 110 LE2d 412) (1990). 2 Chandler v. Miller, 520 U. S. 305, 308 (117 SC 1295, 137 LE2d 513) (1997). 3 (Citation omitted.) City of Indianapolis v. Edmond, 531 U. S. 32, 41-42 (121 SC 447, 148 LE2d 333) (2000). 4 Illinois v. Lidster, 202 Ill.2d 1, 9 ( 779 NE2d 855 ) (2002), cert. granted, 538 U. S. 1012 (123 SC 1928, 155 LE2d 847) (2003). 5 City of Indianapolis v. Edmond, supra at 42. 6 See Illinois v. Lidster, supra, 123 SC 1928 (cert. granted to consider whether investigative roadblock to g…
discussed Cited as authority (rule) Disharoon v. State
Ga. Ct. App. · 2003 · confidence medium
See also DeShaney v. Winnebago County Dept. of Social Svcs., 489 U. S. 189, 199-200 (109 SC 998, 103 LE2d 249) (1989) (law enforcement has an affirmative duty to protect an individual where state action has limited the individual’s freedom to act on his own behalf and thus his ability to protect himself); Police Civil Liability, §§ 9.04, 9.05, 9.07, 9.16 [1] [c] [v-viii] (2003). 6 See also LaFave, Search and Seizure: A Treatise on the Fourth Amendment, § 9.3 (a) (1996). 7 See Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988) (investigative stops of motorists are analogous to T…
discussed Cited as authority (rule) State v. Stilley
Ga. Ct. App. · 2003 · confidence medium
J., Andrews, P. J., Johnson, P. J., Blackburn, P. J., Eldridge, Barnes, Miller, Ellington, Phipps, Mikell and Adams, JJ, concur. 1 Stilley also was charged with driving with a suspended license and failure to yield to an emergency vehicle. 2 See Baker v. State, 256 Ga. App. 75, 76 ( 567 SE2d 738 ) (2002). 3 State v. Thompson, 256 Ga. App. 188 ( 569 SE2d 254 ) (2002). 4 (Punctuation omitted.) State v. Templeman, 229 Ga. App. 6, 7 ( 492 SE2d 902 ) (1997). 5 (Punctuation omitted.) Baker, supra at 77 (1). 6 Id. at 77-78 . 7 See Templeman, supra. 8 See Baker, supra; Butts v. City of Peachtree City,…
cited Cited as authority (rule) Pledger v. State
Ga. Ct. App. · 2002 · confidence medium
VonLinsowe v. State, 213 Ga. App. 619, 622 (2) ( 445 SE2d 371 ) (1994); Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988); United States v. Robinson, 625 F2d 1211, 1219 (5th Cir. 1980).
cited Cited as authority (rule) Baker v. State
Ga. Ct. App. · 2002 · confidence medium
Brown v. State, 188 Ga. App. 184, 186 ( 372 SE2d 514 ) (1988); see Terry v. Ohio, 392 U. S. 1, 30 (V) (88 SC 1868, 20 LE2d 889) (1968).
discussed Cited as authority (rule) Eaves v. State
Ga. Ct. App. · 1999 · signal: cf. · confidence medium
Melanson, Assistant District Attorney, for appellee. 1 OCGA § 16-13-49 (z). 2 McMichen v. State of Ga., 209 Ga. App. 169, 170 (1) ( 433 SE2d 92 ) (1993). 3 Id.; cf. Rojas v. State of Ga., 269 Ga. 121, 122 (2) ( 498 SE2d 735 ) (1998) (answer maybe amended to cure deficiencies). 4 Dean v. State, 250 Ga. 77, 80 (2) (a) ( 295 SE2d 306 ) (1982). 5 Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988). 6 Id. at 186; see Terry v. Ohio, 392 U. S. 1, 30 (V) (88 SC 1868, 20 LE2d 889) (1968). 7 209 Ga. App. 57 ( 432 SE2d 652 ) (1993). 8 (Citations and punctuation omitted.) Id. at 58 (1); see Bal…
cited Cited as authority (rule) State v. Aguirre
Ga. Ct. App. · 1997 · confidence medium
Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ); Tarwid v. State, 184 Ga. App. 853, 855 ( 363 SE2d 63 ).
discussed Cited as authority (rule) Bowers v. State
Ga. Ct. App. · 1996 · confidence medium
“An investigatory stop must be justified by some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity.” (Citations and punctuation omitted; emphasis supplied.) Brown v. State, 188 Ga. App. 184, 186-187 ( 372 SE2d 514 ) (1988).
cited Cited as authority (rule) Britton v. State
Ga. Ct. App. · 1996 · confidence medium
Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ).
discussed Cited as authority (rule) Hestley v. State
Ga. Ct. App. · 1995 · confidence medium
Therefore, we hold that the consent was the product of the illegal detention, and that the taint of the unreasonable stop was not sufficiently attenuated.” (Citations and punctuation omitted.) Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988).
discussed Cited as authority (rule) Lowe v. State
Ga. Ct. App. · 1994 · confidence medium
Held: Although Lowe’s motion to suppress relied upon Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ), in which this court found the consent search of a car was illegal because Brown was unlawfully detained at the time the consent to search was obtained, the trial court concluded the facts of this case were more analogous to those in Guerrero v. State, 198 Ga. App. 397 ( 401 SE2d 749 ), concluded the traffic stop was valid, and also concluded that Lowe freely and voluntarily consented to the search of the car.
cited Cited as authority (rule) McKinley v. State
Ga. Ct. App. · 1994 · confidence medium
Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988).
discussed Cited as authority (rule) VonLinsowe v. State
Ga. Ct. App. · 1994 · confidence medium
The relevant factors include the temporal proximity of an illegal seizure and consent, intervening circumstances, and the purpose and flagrancy of the official misconduct. [Cits.]” Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988).
discussed Cited as authority (rule) Anthony v. State
Ga. Ct. App. · 1993 · confidence medium
(Cits.) United States v. Cortez, 449 U. S. 411, 417 (101 SC 690, 66 LE2d 621) (1981).” (Punctuation omitted.) Evans v. State, 183 Ga. App. 436, 438 ( 359 SE2d 174 ) (1987). . . . “ ‘ “(I)n determining when an investigatory stop is unreasonably pretextual, the proper inquiry ... is not whether the officer could validly have made the stop but whether under the same circumstances a reasonable officer would have made the stop in the absence of the invalid purpose.” (United States v. Smith, 799 F2d 704, 709 (11th Cir. 1986))’ Tarwid v. State, 184 Ga. App. 853, 854 ( 363 SE2d 63 ).” Br…
discussed Cited as authority (rule) O'DONNELL v. State (2×)
Ga. Ct. App. · 1991 · confidence medium
The relevant factors include the temporal proximity of an illegal seizure and consent, intervening circumstances, and the purpose and flagrancy of the official misconduct. [Cits.]" Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 574 ) (1988).
discussed Cited as authority (rule) Willingham v. State (2×)
Ga. Ct. App. · 1990 · confidence medium
United States v. Robinson, 625 F2d 1211, 1219 (5th Cir. 1980); Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988).
discussed Cited as authority (rule) Donner v. State (2×)
Ga. Ct. App. · 1989 · confidence medium
Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ); Tarwid v. State, 184 Ga. App. 853 ( 363 SE2d 63 ).
cited Cited "see" Herrington v. State
Ga. Ct. App. · 1996 · signal: see · confidence high
See Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988).
cited Cited "see" Edwards v. State
Ga. Ct. App. · 1995 · signal: see · confidence high
See Brown v. State, 188 Ga. App. 184 ( 372 SE2d 514 ) (1988).
cited Cited "see" State v. Gilman
Ga. Ct. App. · 1995 · signal: see · confidence high
See Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988).
cited Cited "see" State v. Slater
Ga. Ct. App. · 1994 · signal: see · confidence high
See Brown v. State, 188 Ga. App. 184, 187 ( 372 SE2d 514 ) (1988).
discussed Cited "see, e.g." Taylor v. State
Ga. Ct. App. · 1998 · signal: compare · confidence low
See Davis v. State, 194 Ga. App. 482, 483 (1) ( 391 SE2d 124 ) (1990); compare Brown v. State, 188 Ga. App. 184 ( 372 SE2d 514 ) (1988). (d) Taylor also maintains that the investigative stop should have ended before Officer Wheeler conducted his search, because Officer Jewell previously shined his flashlight through the car windows and briefly entered the car without observing any contraband.
cited Cited "see, e.g." State v. Banks
Ga. Ct. App. · 1996 · signal: see also · confidence medium
Id. at 659 , citing Terry, supra at 22 ; see also Brown v. State, 188 Ga. App. 184, 186-187 ( 372 SE2d 514 ); Evans v. State, 183 Ga. App. 436, 438-439 ( 359 SE2d 174 ).
discussed Cited "see, e.g." Rogers v. State
Ga. Ct. App. · 1992 · signal: see also · confidence medium
Terry, supra at 22 ; see also Brown v. State, 188 Ga. App. 184, 186 ( 372 SE2d 514 ) (1988). “ ‘That [Officer Bunn’s] “hunch” about [appellant] proved correct is perhaps a tribute to his policeman’s intuition, but it is not sufficient to justify, ex post facto, a seizure that was not objectively reasonable at its inception.
cited Cited "see, e.g." State v. Bryant
Ga. Ct. App. · 1992 · signal: compare · confidence low
See Dean v. State, 250 Ga. 77, 79-81 (2) ( 295 SE2d 306 ) (1982); compare Brown v. State, 188 Ga. App. 184 ( 372 SE2d 514 ) (1988).
discussed Cited "see, e.g." Hunter v. State (2×)
Ga. Ct. App. · 1989 · signal: compare · confidence low
Compare Brown v. State, 188 Ga. App. 184 ( 372 SE2d 574 ) (1988); Tarwid v. State, 184 Ga. App. 853 ( 363 SE2d 63 ) (1987).
BROWN
v.
State
76439.
Court of Appeals of Georgia.
Sep 6, 1988.
372 S.E.2d 574
Marcus R. Morris, Robert W. Ritchie, for appellant., Jack O. Partain III, District Attorney, Kermit N. McManus, Assistant District Attorney, for appellee.
McMurray.
Cited by 56 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: #27,443 of 633,719
Citer courts: Court of Appeals of South Caro… (3) · Court of Appeals of Georgia (1)
McMurray, Presiding Judge.

Defendant was charged by indictment with trafficking in cocaine and improper lane usage. Following his conviction of trafficking in cocaine (and acquittal on the traffic charge), defendant appeals. Held:

Defendant’s sole enumeration of error raises the denial of his motion to suppress evidence. The relevant facts as determined by the trial court and set forth in its “findings of fact” show that: “The felony charge of Trafficking in Cocaine arises from a search and seizure of alleged contraband contained in an automobile on the 8th day of October, 1986. The search and seizure was conducted by Deputy Sheriff Howell of the Whitfield County Sheriff’s Department.

“During 1986, the Georgia State Patrol began ‘Operation Nighthawk’ which is an interstate highway drug interdiction effort. Officers assigned to local patrol posts were given training in April of 1986[*185] sponsored by the Federal Drug Enforcement Agency [”DEA”].

“The DEA training included circumstances or characteristics to watch for when officers are making traffic stops, loosely referred to as a drug courier ‘profile.’ Among the characteristics is out-of-state cars traveling north on the interstate, particularly automobiles with Florida license plates traveling north, and even more particularly, automobiles with Florida license plates which indicate a rental vehicle.

“After that training, the state troopers began making more stops of cars fitting the ‘profile’ and finding large amounts of cocaine and other drugs.

“Simply stated, ‘Operation Nighthawk’ adopted by the Georgia State Patrol utilizes officers with traffic violation duties to identify offenders and through traffic violations, consents to search, and other means to develop legal opportunities to arrest drug couriers and seize contraband.

“Deputy Howell became aware of this activity and attended part of a local training session conducted by one of the state troopers and began to copy or imitate the state troopers and use the ‘profile.’

“Deputy Howell was assigned to the Sheriffs DUI [Driving Under the Influence] Task Force and his duties dealt with the enforcement of traffic laws and particularly DUI offenses. Part of his normal patrol area included the interstate highway in Whitfield County.

“Because of his awareness of the drug courier arrests and training, he began watching for vehicles described in the ‘profile’ and if a traffic violation was observed, to stop the vehicle and try to develop a legal opportunity to search for and seize illegal drugs.

“On the occasion in question here, Officer Howell’s attention was drawn to the defendants’ vehicle because of observed characteristics contained in the ‘profile,’ i.e., Florida license plate indicating a rental car. Officer Howell began following the vehicle. No traffic violations were observed for some distance.

“While following, the defendants’ vehicle made a quick lane change and crossed the fog line on the right side of the roadway separating the traffic lane from the emergency lane with the right front and rear tires.

“Deputy Howell then activated his blue light and stopped the suspect vehicle. The quick lane change was made because the driver noticed the law enforcement vehicle behind him and was moving to the right to get out of the way. Defendant Brown would not have made the lane change if the officer had not been behind him.

“The Defendant Brown exited the suspect vehicle and gave the officer his driver’s license. Deputy Howell asked if it was a rental vehicle and Defendant Brown gave an affirmative response. Deputy Howell asked for the registration or rental agreement. During this[*186] time, the passenger, Susan Headrick, remained in the vehicle. When Defendant Brown went back to the vehicle to obtain the rental agreement, Officer Howell got closer to the vehicle and noticed Kleenex in the vehicle. The rental agreement appeared in order.

“Deputy Howell became more suspicious because of Defendant Brown’s appearance. He did not fit a new Buick Riveria, but rather looked more like a motorcyclist.

“Defendant Brown talked very little and did not appear mad about being stopped. The officer thought this was unusual.

“The deputy handed the rental agreement and the driver’s license back to Defendant Brown. At this point no ticket or warning ticket was issued. He was not under arrest or any restraint at this point.

“Deputy Howell then asked for permission to search the vehicle, that they had had trouble with cars like his carrying contraband. Defendant Brown immediately said yes without any additional questions or hesitancy. The deputy went back to his car for the written consent to search form . . . and called for back-up. Deputy Howell went over the form with Defendant Brown on the hood of the patrol car. No other officers or law enforcement vehicles were present. Deputy Howell proceeded to fill out the form using what he observed and what the Defendant told him and then read the form out loud as the defendant, standing beside him, read the form. Defendant Brown indicated he understood the form, consented to the search, and signed the form.

“Another officer came to the scene, signed the form as a witness; the passenger . . . was asked to step from the vehicle, and the search was conducted by Officer Howell. . . .

“While searching . . . the trunk . . . [Deputy Howell] seized the suspected cocaine. . . .

“The consent to search given by Defendant Brown was freely and voluntarily given to the Deputy Sheriff. Without the consent, there was no probable cause to search the vehicle with or without a warrant.” (Paragraph numbering omitted.)

“ ‘Although an officer may conduct a brief investigative stop of a vehicle, see Delaware v. Prouse, 440 U. S. 648 (99 SC 1391, 59 LE2d 660) (1979), such a stop must be justified by specific, articulable facts sufficient to give rise to a reasonable suspicion of criminal conduct, Terry v. Ohio, 392 U. S. 1, 27 (88 SC 1868, 1883, 20 LE2d 889, 909) (1968); United States v. Brignoni-Ponce, 422 U. S. 873 (95 SC 2574, 45 LE2d 607) (1975). Investigative stops of vehicles are analogous to Terry-stops, Terry, supra, and are invalid if based upon only unparticularized suspicion or hunch, 392 U. S. at 27 (88 SC at 1883, 20 LE2d at 909). United States v. Smith, 799 F2d 704, 707 (11th Cir. 1986). An investigatory stop must be justified by some objective man[*187] ifestation that the person stopped is, or is about to be, engaged in criminal activity. (Cits.) United States v. Cortez, 449 U. S. 411, 417 (101 SC 690, 66 LE2d 621) (1981).’ (Punctuation omitted.) Evans v. State, 183 Ga. App. 436, 438 (359 SE2d 174) (1987). . . .

Decided September 6, 1988. Marcus R. Morris, Robert W. Ritchie, for appellant. Jack O. Partain III, District Attorney, Kermit N. McManus, Assistant District Attorney, for appellee.

“ ‘[I]n determining when an investigatory stop is unreasonably pretextual, the proper inquiry ... is not whether the officer could validly have made the stop but whether under the same circumstances a reasonable officer would have made the stop in the absence of the invalid purpose.’ [United States v. Smith, 799 F2d 704, 709 (11th Cir. 1986)]” Tarwid v. State, 184 Ga. App. 853, 854 (363 SE2d 63). In the case sub judice, the trial court concluded that: “The stop of the vehicle was made because of the quick lane change which would not have occurred except for the deputy’s surveillance of the vehicle. Under those circumstances, the stop was pretextual.”

While finding that the stop of defendant’s vehicle was pretextual, the trial court concluded that the consent to search was freely and voluntarily given, and denied defendant’s motion to suppress the evidence seized from defendant’s automobile. However, in order to eliminate any taint from an involuntary seizure or arrest, there must be proof both that the consent was voluntary and that it was not the product of the illegal detention. Proof of a voluntary consent alone is not sufficient. The relevant factors include the temporal proximity of an illegal seizure and consent, intervening circumstances, and the purpose and flagrancy of the official misconduct. See United States v. Miller, 821 F2d 546 (11th Cir. 1987); United States v. Smith, 799 F2d 704, supra; United States v. Thompson, 712 F2d 1356 (11th Cir. 1983); Tarwid v. State, 184 Ga. App. 853, supra.

In the case sub judice, we find that there was no significant lapse of time between the unlawful detention and the consent, that no intervening circumstances dissipated the effect of the unlawful detention and that the deputy’s conduct had no arguable legal basis. Therefore, we hold that the consent was the product of the illegal detention, and that the taint of the unreasonable stop was not sufficiently attenuated. The trial court erred in denying defendant’s motion to suppress evidence. Tarwid v. State, 184 Ga. App. 853, supra.

Judgment reversed.

Pope and Benham, JJ., concur.