Brock v. State, 396 S.E.2d 785 (Ga. Ct. App. 1990). · Go Syfert
Brock v. State, 396 S.E.2d 785 (Ga. Ct. App. 1990). Cases Citing This Book View Copy Cite
“for the convenience of the motoring public and the police, gives the officer the option of issuing a citation rather than going through the time-consuming ordeal of a custodial arrest.”
45 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: Zilke v. State (ga, 2016-06-20)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 11 distinct citers.
examined Cited as authority (quoted) Zilke v. State (4×) also: Cited "see"
Ga. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
for the convenience of the motoring public and the police, gives the officer the option of issuing a citation rather than going through the time-consuming ordeal of a custodial arrest.
discussed Cited as authority (rule) Lawson v. State
Ga. Ct. App. · 2009 · confidence medium
If the police lawfully have arrested a suspect, then they may properly conduct [a search incident to a lawful arrest]”) (citations and footnote omitted). 13 OCGA § 17-4-20 (a). 14 (Citations omitted.) Brown v. State, 163 Ga. App. 209, 210 (1) ( 294 SE2d 305 ) (1982). 15 United States v. Santana, 427 U. S. 38, 43 (II) (96 SC 2406, 49 LE2d 300) (1976). 16 Id. 17 Id. at 41-42 (II). 18 389 U. S. 347 (88 SC 507, 19 LE2d 576) (1967). 19 (Citations omitted.) Id. at 351 . 20 See, e.g., Brock v. State, 196 Ga. App. 605, 607 (2) ( 396 SE2d 785 ) (1990). 21 OCGA § 17-5-1; Jenkins v. State, 223 Ga. Ap…
discussed Cited as authority (rule) Lopez v. State
Ga. Ct. App. · 2007 · confidence medium
Rooks, Assistant District Attorney, for appellee. 1 Raheem v. State, 275 Ga. 87, 93 (9) ( 560 SE2d 680 ) (2002) (citation and punctuation omitted). 2 McDougal v. State, 277 Ga. 493, 497 (1) ( 591 SE2d 788 ) (2004). 3 See OCGA § 40-6-10 (a) (3) (effective July 1, 2005). 4 Brock v. State, 196 Ga. App. 605, 606 (1) ( 396 SE2d 785 ) (1990). 5 Id. 6 Id. (citation omitted). 7 State v. Ludvicek, 147 Ga. App. 784, 786 ( 250 SE2d 503 ) (1978) (citations omitted). 8 Strobhert v. State, 165 Ga. App. 515, 516 ( 301 SE2d 681 ) (1983) (citations omitted). 9 Id. 10 State v. Howard, 264 Ga. App. 691, 693 ( 5…
discussed Cited as authority (rule) State v. Cooper
Ga. Ct. App. · 2005 · confidence medium
For a thorough discussion of OCGA §§ 17-4-20 and 17-4-23, see United States v. Wilson, 853 F2d 869, 871-873 (11th Cir. 1988), cited in Brock v. State, 196 Ga. App. 605, 606 (1) ( 396 SE2d 785 ) (1990). 4 (Citation and punctuation omitted.) Mitchell v. State, 255 Ga. App. 585, 591 (6) ( 565 SE2d 889 ) (2002). 5 OCGA § 17-4-23 (a). 6 See Trotter v. State, 256 Ga. App. 330, 331-332 (1) ( 568 SE2d 571 ) (2002); Puckett v. State, 239 Ga. App. 582, 586 (2) (a) ( 521 SE2d 634 ) (1999); Lufburrow v. State, 206 Ga. App. 250 -251 (2) ( 425 SE2d 368 ) (1992) (physical precedent only); Napier v. State,…
discussed Cited as authority (rule) State v. Goolsby
Ga. Ct. App. · 2003 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 OCGA § 40-5-55 (a). 2 Id. 3 Davis v. State, 187 Ga. App. 517, 518-519 (1) ( 370 SE2d 779 ) (1988); accord Parsons v. State, 190 Ga. App. 803 -804 ( 380 SE2d 87 ) (1989). 4 OCGA § 40-5-55 (a). 5 OCGA § 17-4-20 (a); Ow v. State, 255 Ga. App. 98, 102 ( 564 SE2d 512 ) (2002) (officer has probable cause to arrest for a traffic violation committed in his presence); accord Baker v. State, 202 Ga. App. 73 ( 413 SE2d 251 ) (1991); Brock v. State, 196 Ga. App. 605, 606 (1) ( 396 SE2d 785 ) (1990). 6 OCGA § 17-6-17; see, e.g., Chiasson v. State, 250 Ga. App. …
cited Cited as authority (rule) Youhoing v. State
Ga. Ct. App. · 1997 · confidence medium
See Baker v. State, 202 Ga. App. 73 (1) ( 413 SE2d 251 ) (1991); Brock v. State, 196 Ga. App. 605, 606 (1) ( 396 SE2d 785 ) (1990).
cited Cited as authority (rule) State v. Nichols
Ga. Ct. App. · 1997 · confidence medium
Accord Duitsman v. State, 212 Ga. App. 348 (1) ( 441 SE2d 888 ) (1994); Brock v. State, 196 Ga. App. 605, 606 (2) ( 396 SE2d 785 ) (1990).
cited Cited as authority (rule) Ridgeway v. State
Ga. Ct. App. · 1992 · confidence medium
Baker v. State, 202 Ga. App. 73 ( 413 SE2d 251 ) (1991); Brock v. State, 196 Ga. App. 605, 606 (1) ( 396 SE2d 785 ) (1990).
discussed Cited as authority (rule) Baker v. State (2×)
Ga. Ct. App. · 1991 · confidence medium
It does not mandate a citation." Brock v. State, 196 Ga. App. 605, 606 (1) ( 396 SE2d 785 ) (1990).
discussed Cited as authority (rule) State v. Lamb (2×)
Ga. Ct. App. · 1991 · confidence medium
Brock v. State, 196 Ga. App. 605, 606 (1) ( 396 SE2d 785 ) (1990).
discussed Cited "see, e.g." Fortson v. State (2×)
Ga. Ct. App. · 2006 · signal: see also · confidence medium
J., and Smith, R J., concur. 1 See State v. Jones, 265 Ga. App. 493, 494 (2) ( 594 SE2d 706 ) (2004). 2 See OCGA§ 17-4-20 (a). 3 See United States v. McGuire, 608 F2d 1028, 1034 (5th Cir. 1979) (when officers with personal knowledge of defendant’s involvement in conspiracy to sell cocaine learned of his presence in hotel room where transaction was taking place, exigencies of situation demanded and excused their warrantless entry into his room to arrest him); see also Brock v. State, 196 Ga. App. 605, 606-607 (2) ( 396 SE2d 785 ) (1990) (suspect who resisted arrest outside his home could not…
Brock
v.
the State
A90A0557.
Court of Appeals of Georgia.
Jul 6, 1990.
396 S.E.2d 785
Henry & Pearson, J. Hue Henry, for appellant., Harry N. Gordon, District Attorney, Richard J. Weaver, Assistant District Attorney, for appellee.
Pope, Deen, Beasley.
Cited by 19 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Supreme Court of Georgia (2)
Pope, Judge.

Appellant Jerry Brock was convicted of aggravated assault on a police officer, use of fighting words and obstruction of a police officer. The convictions arose out of an incident that occurred on August 26, 1986. Officer Thomas, a uniformed Clarke County Police Department officer, investigated a complaint that a juvenile was driving in a reckless manner. He found the car described in the complaint parked at a lawnmower shop. There he talked with defendant Brock, who was with the car and who denied that anyone had been driving it. He was belligerent and told the officer to mind his own business. Officer Thomas testified that Brock’s attitude caused him to take the precaution of calling for backup as he completed his check of the car. Although he noted that the tires on the car were slick with no tread visible, Officer Thomas did not write a citation because the car was parked. Officer Thomas concluded his encounter with Brock and went to the complainant’s house to explain what he had done. As he returned to his car, he saw Brock drive by. Officer Thomas got in his car, activated his squad car blue lights and attempted to stop Brock for the offense of driving with slick tires (defective equipment, OCGA § 40-8-7).

Brock ignored the officer and pulled into his driveway; the officer pulled in behind him, got out and asked Brock for his driver’s license and proof of insurance. Instead, Brock started walking to his house, telling Officer Thomas to get out of his yard, that he had not done anything. Officer Thomas repeated his request two or three times and Brock continued to ignore him and head for his house. Just as Brock reached the doorway, Officer Thomas reached Brock, placed a hand on Brock’s arm and told him that he was under arrest. Brock swung at the officer and tried to push him off the porch. Officer Thomas responded by hitting Brock in the side with his nightstick. Brock broke away into the house and the two men continued fighting, with Brock cursing Officer Thomas, who is black, and calling him “nigger.” During the fight, the officer lost his radio, but did get to the phone[*606] and called 911 and requested help. He left the phone off the hook and the rest of the altercation was recorded at the 911 communications center. In the course of the fight, Brock swung at the officer with a floor fan and a dining room chair. When help arrived, Brock was finally subdued, but not before Brock’s son hit Officer Thomas with a screen door that had been dislodged in the fight.

1. Brock maintains that his arrest was unlawful. He argues that a police officer is not allowed to make a custodial arrest for a traffic or motor vehicle violation, but rather must issue the offender a citation. He bases this argument upon OCGA § 17-4-23 (a) which reads in pertinent part: “A law enforcement officer may arrest a person accused of violating any law or ordinance governing the operation, licensing, registration, maintenance or inspection of motor vehicles by the issuance of a citation, provided the offense is committed in his presence . . . .” Officer Thomas initially tried to give Brock a citation for the misdemeanor offense of having defective equipment on his car (slick tires), a violation of OCGA § 40-8-7. However, when Brock ignored him, Officer Thomas sought to effect a custodial arrest. The question raised is whether a police officer is restricted to making an arrest for a traffic violation solely by means of a citation or does OCGA § 17-4-23 (a) simply provide police an alternative to custodial arrest for such violations. We hold that OCGA § 17-4-23 (a) simply gives police the discretion to write a citation but does not preclude physical arrest. OCGA § 17-4-20 permits a police officer to make a warrantless arrest for a crime committed in his presence. This power extends to misdemeanor offenses. King v. State, 161 Ga. App. 382 (1) (288 SE2d 644) (1982). The language of OCGA § 17-4-23 (a) that an officer “may arrest” for a traffic violation by means of a citation clearly is discretionary. For the convenience of the motoring public and the police, the Code section gives the officer the option of issuing a citation rather than going through the time-consuming ordeal of a custodial arrest. It does not mandate a citation.

The 11th Circuit Court of Appeals reached the same conclusion in the case of United States v. Wilson, 853 F2d 869, 871-873 (11th Cir. 1988). In that case, Wilson was arrested for driving with a suspended license. A subsequent search revealed drugs. The court rejected Wilson’s argument that the search was unreasonable because his custodial arrest was unlawful due to the provisions of OCGA § 17-4-23 (a). After reviewing the statutory scheme of arrests, that court concluded, as we do, that OCGA § 17-4-23 (a) gives a police officer the option to issue a citation but does not restrict the power given to police in OCGA § 17-4-20 to make custodial arrests for crimes committed in their presence.

2. Brock argues that his arrest was unlawful because it was a warrantless seizure that occurred in his home in violation of the Fourth[*607] Amendment to the Constitution of the United States. We disagree. The evidence shows that Brock committed the violation of driving with defective equipment in Officer Thomas’ presence. When Officer Thomas first tried to issue a citation for the offense in the yard, Brock ignored him and retreated toward his house, where Officer Thomas caught him in the doorway. “ ‘Absent exigent circumstances or consent, an entry into a private dwelling to conduct a search or effect an arrest is unreasonable without a warrant.’ Thompson v. State, 248 Ga. 343 (1) (285 SE2d 685) (1981), citing Steagald v. United States, 451 U. S. 204, 214, n. 7 (101 SC 1642, 68 LE2d 38) (1981) . However, ‘a suspect may not defeat an arrest which has been set in motion in a public place ... by the expedient of escaping to a private place.’ United States v. Santana, 427 U. S. 38, 43 (96 SC 2406, 49 LE2d 300) (1976). Since the arrest of [Brock] in [his] house was based upon Officer [Thomas’] “hot pursuit” of the subject, such arrest was a lawful activity. See Martasin v. State, 155 Ga. App. 396 (2) (271 SE2d 2) (1980); Annot., 76 ALR2d 1432 § 2b.” (Punctuation omitted.) Brown v. State, 163 Ga. App. 209 (1), 210 (294 SE2d 305) (1982) (cert. dismissed, 459 U. S. 1166) In United States v. Santana, supra, the U. S. Supreme Court held that a person standing in the open doorway of her house was in a public place subject to arrest by police upon probable cause and without violating the Fourth Amendment. Id. at 42. The arrest made by Officer Thomas was lawful.

Decided July 6, 1990 Rehearing denied July 30, 1990 — Cert, applied for. Henry & Pearson, J. Hue Henry, for appellant. Harry N. Gordon, District Attorney, Richard J. Weaver, Assistant District Attorney, for appellee.

3. Because Brock’s enumerations 2, 3 and 4 are based upon the premise that the arrest was unlawful and his actions of violently resisting arrest were justified, and we have held in Divisions 1 and 2 that the arrest was legal, it follows that these enumerations are without merit.

Judgment affirmed.

Deen, P. J., and Beasley, J., concur.