State v. Goodman, 469 S.E.2d 327 (Ga. Ct. App. 1996). · Go Syfert
State v. Goodman, 469 S.E.2d 327 (Ga. Ct. App. 1996). Cases Citing This Book View Copy Cite
59 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: David Cochran v. State (gactapp, 2024-03-28)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 21 distinct citers.
cited Cited as authority (rule) David Cochran v. State
Ga. Ct. App. · 2024 · confidence medium
See Dean v. State, 246 Ga. App. 263, 264 ( 540 SE2d 246 ) (2000); State v. Goodman, 220 Ga. App. 169, 170 (1) ( 469 SE2d 327 ) (1996).
discussed Cited as authority (rule) Sevilla-Carcamo v. the State
Ga. Ct. App. · 2016 · signal: cf. · confidence medium
Cf. State v. Goodman, 220 Ga. App. 169, 171 (2) ( 469 SE2d 327 ) (1996) (holding that driver’s legal u-turn at intersection from left-turn-only lane without signaling did not justify traffic stop for making improper left turn). 12 Parker v. State, 307 Ga. App. 61, 62 (1) ( 704 SE2d 438 ) (2010) (punctuation omitted); see also Helen v. North Carolina, _ U. S. _, _(II) ( 135 SCt 530 , 190 LE2d 475) (2014) (holding that “reasonable suspicion can rest on a mistaken understanding of the scope of a legal prohibition”). 13 Hardin v. State, 277 Ga. 242, 244 (3) ( 587 SE2d 634 ) (2003) (punctuati…
discussed Cited as authority (rule) State v. Owens
Ga. Ct. App. · 2007 · confidence medium
Phipps and Mikell, JJ., concur. 1 (Citations omitted.) Duty v. State, 254 Ga. App. 727 ( 563 SE2d 558 ) (2002). 2 State v. Burnett, 220 Ga. App. 133, 133-134 ( 469 SE2d 324 ) (1996). 3 Id. at 134 . 4 (Citation omitted.) Duty, supra at 728 . 5 See Robertson v. State, 236 Ga. App. 68, 69-70 ( 510 SE2d 914 ) (1999). 6 See Lavelle v. State, 250 Ga. 224, 227 (3) ( 297 SE2d 234 ) (1982). 7 See State v. Goodman, 220 Ga. App. 169, 170 (1) ( 469 SE2d 327 ) (1996).
discussed Cited as authority (rule) Worsham v. State
Ga. Ct. App. · 2001 · confidence medium
Smith, P. J., and Barnes, J., concur. 1 State v. Burnett, 249 Ga. App. 334 ( 548 SE2d 443 ) (2001). 2 Benton v. State, 240 Ga. App. 243, 245 (1) ( 522 SE2d 726 ) (1999). 3 OCGA § 40-2-21 (a) (1) (A) (i). 4 State v. Webb, 193 Ga. App. 2, 4 (1) ( 386 SE2d 891 ) (1989); compare Berry v. State, 248 Ga. App. 874, 879-880 (3) ( 547 SE2d 664 ) (2001) (where the police indisputably observed no traffic violations); State v. Goodman, 220 Ga. App. 169, 170 (2) ( 469 SE2d 327 ) (1996) (same); Oboh a State, 217 Ga. App. 553 ( 458 SE2d 177 ) (1995) (same). 5 (Citations and punctuation omitted.) State v. We…
examined Cited as authority (rule) Morris v. State (3×) also: Cited "see"
Ga. Ct. App. · 1999 · confidence medium
See Barnes v. State, 228 Ga.App. 44, 45 , 491 S.E.2d 116 (1997); State v. Goodman, 220 Ga.App. 169, 172 (2), 469 S.E.2d 327 (1996); Oboh v. State, 217 Ga.App. 553, 555 , 458 S.E.2d 177 (1995).
discussed Cited as authority (rule) Semich v. State (2×)
Ga. Ct. App. · 1998 · confidence medium
NOTES [1] (Citations and punctuation omitted.) State v. Armstrong, 223 Ga.App. 350, 351 (2), 477 S.E.2d 635 (1996); see United States v. Cortez, 449 U.S. 411, 417-418 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981). [2] (Citation, punctuation, and emphasis omitted.) Tate v. State, 264 Ga. 53, 54 (1), 440 S.E.2d 646 (1994). [3] Whren v. United States, 517 U.S. 806, 810 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996) ("`[a]s a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.'") (citations omitted); State v. B…
discussed Cited as authority (rule) Semich v. State
Ga. Ct. App. · 1998 · confidence medium
Compare Raulerson v. State, 223 Ga. App. 556, 557 (2) ( 479 SE2d 386 ) (1996) (stop improper because officer “did not observe defendant weave in the highway... or otherwise demonstrate that she was intoxicated”); Goodman v. State, 220 Ga. App. 169, 172 (2) ( 469 SE2d 327 ) (1996) (stop improper because officer did not testify defendant “executed the turn in a manner demonstrating that he was intoxicated”). 230 Ga. App. 179, 181 ( 495 SE2d 643 ) (1998).
discussed Cited as authority (rule) State v. Fischer
Ga. Ct. App. · 1998 · confidence medium
“This court’s responsibility in reviewing the trial court’s decision on a motion to suppress [evidence allegedly obtained pursuant to an illegal seizure] is to ensure that there was a substantial basis for the decision.” (Citation and punctuation omitted.) State v. Goodman, 220 Ga. App. 169, 170-171 (2) ( 469 SE2d 327 ) (1996).
examined Cited as authority (rule) State v. Holler (3×) also: Cited "see, e.g."
Ga. Ct. App. · 1996 · confidence medium
State v. Goodman, 220 Ga.App. 169, 170 (1), 469 S.E.2d 327 ; see State v. Johnston, 160 Ga.App. 71, 74 , 286 S.E.2d 47 , aff'd on other grounds, 249 Ga. 413 , 291 S.E.2d 543 . (a) "Temporary detention of individuals during the stop of an automobile by the police, even if only for a brief period and for a limited purpose, constitutes a `seizure' of `persons' within the meaning of [the Fourth Amendment]. [Cits.] An automobile stop is thus subject to the constitutional imperative that it not be `unreasonable' under the circumstances.
discussed Cited as authority (rule) Raulerson v. State (2×) also: Cited "see"
Ga. Ct. App. · 1996 · confidence medium
These reasons alone, however, do not support Trooper Rogers’ conclusion that defendant was “an impaired driver or a burglar. . . .” See State v. Goodman, 220 Ga. App. 169, 170 (2) ( 469 SE2d 327 ).
cited Cited as authority (rule) Jenkins v. State
Ga. Ct. App. · 1996 · confidence medium
State v. Goodman, 220 Ga. App. 169, 170-171 (2) ( 469 SE2d 327 ) (1996).
discussed Cited "see" State v. Kevin W. Cook (2×)
Vt. · 2018 · signal: see · confidence high
See State v. Goodman , 220 Ga.App. 169 , 469 S.E.2d 327 , 329 (1996) (explaining Georgia "statute contemplates instances in which a turn on a roadway can be made with reasonable safety without the use of a turn signal, i.e., where a signal is not necessary to alert other drivers of a motorist's intention to turn"); State v. Ivey , 360 N.C. 562 , 633 S.E.2d 459 , 461 (2006) (outlining North Carolina statute, which requires use of turn signal "whenever the operation of any other vehicle may be affected by such movement" (quotation omitted) ). ¶ 14.
discussed Cited "see" McClain v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See State v. Goodman, 220 Ga. App. 169 ( 469 SE2d 327 ) (1996); State v. Jones, 214 Ga. App. 593 ( 448 SE2d 496 ) (1994); Streicher v. State, 213 Ga. App. 670 ( 445 SE2d 815 ) (1994); State v. Golden, 210 Ga. App. 800 ( 437 SE2d 492 ) (1993); Jorgensen v. State, 207 Ga. App. 545 ( 428 SE2d 440 ) (1993); Brown v. State, 188 Ga. App. 184 ( 372 SE2d 514 ) (1988); Tarwid v. State, 184 Ga. App. 853 ( 363 SE2d 63 ) (1987). 4 Compare Kelly v. State, 129 Ga. App. 131, 132-133 ( 198 SE2d 910 ) (1973) (seizure occurs where officers approach a stopped vehicle brandishing a pistol and badge and asking for…
discussed Cited "see" Hill v. State (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
“In Lavelle v. State, 250 Ga. 224 ( 297 SE2d 234 ) our highest court pointed out that although [OCGA § 17-5-30 (b)] refers to Tacts’ ‘.. . analysis reveals that, with respect to warrantless searches, many of the necessary allegations are negative facts (e.g., the search was conducted without a warrant, the movant did not consent to the search) and conclusions based upon mixed questions of law and negative fact (e.g., the officer lacked probable cause to arrest or search).’ ” State v. Blosfield, 165 Ga. App. 111, 113 (2) ( 299 SE2d 588 ) (1983); see State v. Goodman, 220 Ga. App. 169…
examined Cited "see" Daniels v. State (4×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See State v. Goodman, 220 Ga.App. 169 (2), 469 S.E.2d 327 (1996).
discussed Cited "see, e.g." Hudson v. Hall (2×)
11th Cir. · 2000 · signal: see also · confidence low
Plaintiffs correctly note that the statute requires no turn signal "as long as a [turn] can be made with 'reasonable safety.' " Bowers v. State, 221 Ga.App. 886 , 473 S.E.2d 201, 203 (Ga.App.1996); see also State v. Goodman, 220 Ga.App. 169 , 469 S.E.2d 327, 329 (Ga.App.1996); Clark v. State, 208 Ga.App. 896 , 432 S.E.2d 220, 221 (Ga.App.1993).
discussed Cited "see, e.g." Hudson v. Hall (2×)
11th Cir. · 2000 · signal: see also · confidence low
Plaintiffs correctly note that the statute requires no turn signal "as long as a [turn] can be made with 'reasonable safety.’ ” Bowers v. State, 221 Ga.App. 886 , 473 S.E.2d 201, 203 (Ga.App.1996); see also State v. Goodman, 220 Ga.App. 169 , 469 S.E.2d 327, 329 (Ga.App.1996); Clark v. State, 208 Ga. App. 896 , 432 S.E.2d 220, 221 (Ga.App. 1993).
discussed Cited "see, e.g." Hudson v. Hall
11th Cir. · 2000 · signal: see also · confidence medium
Plaintiffs correctly note that the statute requires no turn signal “as long as a [turn] can be made with ‘reasonable safety.’” Bowers v. State, 473 S.E.2d 201, 203 (Ga. App. 1996); see also State v. Goodman, 469 S.E.2d 327, 329 (Ga. App. 1996); Clark v. State, 432 S.E.2d 220, 221 (Ga. App. 1993).
discussed Cited "see, e.g." In Interest of Bcg (2×)
Ga. Ct. App. · 1998 · signal: see also · confidence low
See also State v. Goodman, 220 Ga.App. 169 , 469 S.E.2d 327 (1996); Clark v. State, 208 Ga.App. 896 , 432 S.E.2d 220 (1993) (physical precedent only).
discussed Cited "see, e.g." In the Interest of B. C. G. (2×)
Ga. Ct. App. · 1998 · signal: see also · confidence low
See also State v. Goodman, 220 Ga. App. 169 ( 469 SE2d 327 ) (1996); Clark v. State, 208 Ga. App. 896 ( 432 SE2d 220 ) (1993) (physical precedent only).
discussed Cited "see, e.g." State v. Diamond (2×)
Ga. Ct. App. · 1996 · signal: compare · confidence medium
See generally State v. Adams, 186 Ga. App. 87 ( 366 SE2d 326 ) (1988); compare State v. Goodman, 220 Ga. App. 169, 170 (2) ( 469 SE2d 327 ) (1996).
The State
v.
Goodman
A95A1874.
Court of Appeals of Georgia.
Feb 12, 1996.
469 S.E.2d 327
Keith C. Martin, Solicitor, Michael P. Baird, Assistant Solicitor, for appellant., Steven M. Frey, for appellee.
Ruffin, Beasley, Pope.
Cited by 25 opinions  |  Published
Ruffin, Judge.

Robert Scott Goodman was charged with driving under the influence, making an improper left turn and violating an open container ordinance. The State appeals the trial court’s grant of Goodman’s motion to suppress all evidence resulting from a traffic stop. Because the record supports the trial court’s determination that the arresting officer stopped Goodman without reasonable suspicion, we affirm the judgment below.

On January 19, 1995, at approximately 9:30 p.m., Goodman’s vehicle had stopped at a red light in a left-turn-only lane at the intersection of Tara Boulevard and Old Dixie Highway. Goodman was awaiting a green arrow signal when Officer Stubbs drove up behind him and noticed that Goodman had not activated his turn signal. When the arrow turned green, Goodman turned left into a U-turn. Officer Stubbs followed Goodman and immediately stopped him, suspecting he was driving under the influence of alcohol and drugs because Goodman failed to use a turn signal. Officer Stubbs testified that in connection with his four years’ service on the Clayton County Police DUI Suppression Unit, he was trained to identify persons driving under the influence of alcohol and drugs. Officer Stubbs explained that based on his experience in making numerous DUI arrests, turning without the use of turn signals is a common indicator of an impaired driver. However, Officer Stubbs also admitted that from Goodman’s position in the left-turn-only lane, his sole legal option was to turn left; that the U-turn was not illegal; and further that if Goodman had gone straight at the intersection, he would have committed an improper lane change.

1. In its first enumeration of error, the State contends the trial court erred in failing to dismiss Goodman’s motion to suppress because the motion did not contain sufficient “facts showing that the search and seizure were unlawful” as required by OCGA § 17-5-30 (b). The State argues that Goodman’s bare assertion in his motion to suppress that he “was lawfully operating his motor vehicle when he was pulled over by Officer W. S. Stubbs, Clayton County Police” was insufficient to apprise the State of its evidentiary burden in defending against the motion to suppress. The State also contends, contrary to Goodman’s assertion, that the proper standard is whether Officer Stubbs had an articulable suspicion to justify briefly detaining Goodman and not whether Goodman lawfully operated his vehicle. There[*170] fore, the State maintains the motion to suppress did not properly raise a Fourth Amendment issue before the trial court, and the State was not required to produce evidence in rebuttal.

OCGA § 17-5-30 (b) requires that motions to suppress “state facts showing that the search and seizure were unlawful.” (Emphasis supplied.) Thereafter, the State has the burden of proving that the search and seizure were lawful. Id. However, in Lavelle v. State, 250 Ga. 224 (3) (297 SE2d 234) (1982), the court acknowledged that, “with respect to warrantless searches, many of the necessary allegations [in the motion to suppress] are negative facts (e.g., the search was conducted without a warrant, the movant did not consent to the search) and conclusions based upon mixed questions of law and negative fact (e.g., the officer lacked probable cause to arrest or search).” Id. at 227. Thus, to determine the sufficiency of the motion to suppress evidence obtained in a warrantless search and seizure, the court examined the specific allegations set forth in the motion to determine whether those allegations were “sufficient to put the state on notice as to the type of search involved (without warrant vs. with warrant), which witness to bring to the hearing on the motion, and the legal issues to be resolved at that hearing.” Id.

In Goodman’s motion, he alleged not only that he was lawfully operating his motor vehicle on January 19, 1995, when Officer Stubbs pulled him over, but also that he was not committing any crimes or behaving in any manner that would have warranted his arrest; that he was cited for driving under the influence and improper lane change; and that he had broken no laws in Officer Stubbs’ presence which would justify his subsequent seizure. Consequently, the motion revealed the date of the stop, the identity of the person stopped, the identity of the officer who made the stop, the law enforcement organization with which he was affiliated, the nature of the stop (e.g., traffic stop), the offenses with which Goodman was charged, and the conclusion that no such violations occurred which would justify the stop. Moreover, immediately after the trial court denied the State’s motion to dismiss the motion to suppress, the suppression hearing commenced wherein the State called Officer Stubbs to testify and, based on his testimony, argued to the court that Officer Stubbs had an articulable suspicion that Goodman was actually involved in criminal activity or was about to be involved in criminal activity. Accordingly, Goodman’s motion was adequate, and we find no error in the denial of the State’s motion to dismiss.

2. The State next contends that in granting Goodman’s motion to suppress, the court erred in finding that Officer Stubbs lacked sufficient articulable suspicion to stop Goodman’s vehicle.

“ ‘This court’s responsibility in reviewing the trial court’s decision on a motion to suppress is to ensure that there was a substantial[*171] basis for the decision. [Cit.] We construe the evidence most favorably to uphold the findings and judgment, and the trial court’s findings on disputed facts and credibility must be adopted unless they are clearly erroneous. [Cits.]’ [Cit.] ‘Although an officer may conduct a brief investigative stop of a vehicle, such a stop must be justified by specific, articulable facts sufficient to give rise to a reasonable suspicion of criminal conduct. . . . This suspicion need not meet the standard of probable cause, but must be more than mere caprice or a hunch or an inclination.’ . . . [Cit.]” State v. Jones, 214 Ga. App. 593, 594 (448 SE2d 496) (1994).

The State argues that the trial court failed to consider the totality of the circumstances surrounding the stop, including Officer Stubbs’ considerable experience in detecting impaired drivers; the fact that failure to signal is a common indicator of an impaired driver; the fact that Officer Stubbs actually saw Goodman turn without signaling despite the presence of traffic behind him in violation of OCGA § 40-6-123 (a); and the fact that Goodman made a U-turn out of a left-turn-only lane. The State contends that when all of the evidence is viewed in the proper context, it is apparent that Officer Stubbs’ conduct was neither arbitrary, capricious, harassing nor pre-textual. We disagree because the evidence does not show that Goodman violated OCGA § 40-6-123 in Officer Stubbs’ presence nor would a reasonable officer conclude that Goodman was intoxicated solely because he failed to use a turn signal.

OCGA § 40-6-123 provides as follows: “(a) No person shall . . . turn a vehicle from a direct course or change lanes or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate and timely signal in the manner provided in this Code section, (b) A signal of intention to turn right or left or change lanes when required shall be given continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction.” (Emphasis supplied.) Thus, the statute contemplates instances in which a turn on a roadway can be made with reasonable safety without the use of a turn signal, i.e., where a signal is not necessary to alert other drivers of a motorist’s intention to turn.

Other than Officer Stubbs’ vehicle, there was no evidence of any other vehicles in the vicinity at the time of Goodman’s turn. Consequently, we must examine whether safety dictated the use of a signal to alert Officer Stubbs of Goodman’s intention to make a U-turn. Officer Stubbs admitted that from Goodman’s position in the left-turn-only lane, his sole legal option was a left turn and that Goodman’s U-turn at the intersection was legal. Under these circumstances, Officer Stubbs could not reasonably maintain that he was unaware of Good[*172] man’s, intention to turn. Therefore, a left turn signal was not necessary, and there was no violation of OCGA § 40-6-123 committed in Officer Stubbs’ presence which alone justified the stop. Compare Eisenberger v. State, 177 Ga. App. 673 (2) (340 SE2d 232) (1986). Furthermore, the traffic stop was not supported by a reasonable suspicion or an objective manifestation that Goodman was or was about to be engaged in criminal activity. See Tarwid v. State, 184 Ga. App. 853, 854 (1) (363 SE2d 63) (1987). Although Officer Stubbs testified to his extensive experience in making DUI arrests and in identifying impaired drivers, under the circumstances of this case, the trial court determined that it was not reasonable to conclude, based solely on Goodman’s failure to signal, that he was intoxicated. There was no evidence that Goodman operated his vehicle improperly before stopping at the intersection nor did Officer Stubbs testify that Goodman executed the turn in a manner demonstrating that he was intoxicated. Compare State v. Adams, 186 Ga. App. 87 (366 SE2d 326) (1988) (traffic stop based on defendant’s failure to signal lane change in moderate traffic, weaving between lanes and defendant’s failure to stop before entering the intersection); Huff v. State, 205 Ga. App. 557 (422 SE2d 664) (1992) (traffic stop based on weaving and failure to signal). Accordingly, the trial court did not err in granting Goodman’s motion to suppress based on Officer Stubbs’ unreasonable suspicion that Goodman was intoxicated. Tarwid, supra. See also Clark v. State, 208 Ga. App. 896 (2) (432 SE2d 220) (1993) (physical precedent only).

Decided February 12, 1996. Keith C. Martin, Solicitor, Michael P. Baird, Assistant Solicitor, for appellant. Steven M. Frey, for appellee.

Judgment ’ affirmed.

Beasley, C. J., and Pope, P. J., concur.