Harper v. State, 534 S.E.2d 157 (Ga. Ct. App. 2000). · Go Syfert
Harper v. State, 534 S.E.2d 157 (Ga. Ct. App. 2000). Cases Citing This Book View Copy Cite
“not every detention is an arrest”
70 citation events (70 in the last 25 years) across 1 distinct court.
Strongest positive: Abrahamson v. State (gactapp, 2005-11-30)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 22 distinct citers.
examined Cited as authority (quoted) Abrahamson v. State (3×) also: Cited as authority (rule)
Ga. Ct. App. · 2005 · quote attribution · 1 verbatim quote · confidence low
not every detention is an arrest
examined Cited as authority (rule) The State v. Holt (4×)
Ga. Ct. App. · 2015 · confidence medium
Although Holt was not free to leave after the officer told her to stay, “not every detention is an arrest.” (Citation omitted.) Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000).
discussed Cited as authority (rule) State v. Gauthier
Ga. Ct. App. · 2014 · confidence medium
Blankenship v. State, 301 Ga. App. 602, 604 (2) (a) ( 688 SE2d 395 ) (2009) (“[t]he alcoholic smell provided the officer reasonable grounds to conduct a second-tier investigatory detention”) (punctuation omitted); see Peterson v. State, 294 Ga. App. 128, 130 (1) ( 668 SE2d 544 ) (2008) (alcohol smell alone gave police sufficiently reasonable and articulable suspicion to administer field sobriety tests); Whitmore v. State, 289 Ga. App. 107, 109 ( 657 SE2d 1 ) (2008) (alcohol smell alone gave police sufficiently reasonable and articulable suspicion to administer field sobriety tests); McClai…
discussed Cited as authority (rule) State v. Marissa Nicole Gauthier
Ga. Ct. App. · 2014 · confidence medium
The probable cause needed to conduct an arrest for DUI requires that the officer have knowledge or reasonably trustworthy information that a suspect was actually in physical [custody] of a moving vehicle, noticed the odor of alcohol, defendant’s bloodshot eyes, and other circumstances, he had sufficient articulable suspicion to continue investigating); Brittian, supra. 12 Peterson, supra. 13 See State v. Mosley, 321 Ga. App. 236, 238-239 ( 739 SE2d 106 ) (2013); DiMauro v. State, 310 Ga. App. 526, 528-529 (1) ( 714 SE2d 105 ) (2011); Owens v. State, 308 Ga. App. 374, 379-380 (2) ( 707 SE2d 5…
discussed Cited as authority (rule) Parker v. State
Ga. Ct. App. · 2014 · confidence medium
See Tune v. State, 286 Ga. App. 32, 35 (1) (b) ( 648 SE2d 423 ) (2007) (holding that a temporary detention where defendant was not handcuffed or otherwise restrained did not constitute an arrest); Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000) (noting that “not every detention is an arrest”) (citation omitted).
discussed Cited as authority (rule) Male Parker v. State
Ga. Ct. App. · 2014 · confidence medium
See Tune v. State, 286 Ga. App. 32, 35 (1) (b) ( 648 SE2d 423 ) (2007) (holding that a temporary detention where defendant was not handcuffed or otherwise restrained did not constitute an arrest); Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000) (noting that “not every detention is an arrest”) (citation omitted).
discussed Cited as authority (rule) State v. Sean L. Mosley
Ga. Ct. App. · 2013 · confidence medium
J., and Phipps, P. J., concur. 14 Tolliver, 273 Ga. at 786 (punctuation omitted). 15 See State v. Hammond, 313 Ga. App. 882, 888 ( 723 SE2d 89 ) (2012) (holding that the trial court erred in finding a Miranda violation in part because “[n]o reasonable person, having been told that he or she would not be arrested (denoting a future occurrence), could believe that he or she was currently in custody”); Pierce, 266 Ga. App. at 234-36 (1) (holding that the trial court erred in concluding that appellant was under arrest for the purposes of Miranda, even though the officer made reference to “so…
discussed Cited as authority (rule) State v. Mosley
Ga. Ct. App. · 2013 · confidence medium
See State v. Hammond, 313 Ga. App. 882, 888 ( 723 SE2d 89 ) (2012) (holding that the trial court erred in finding a Miranda violation in part because “[n]o reasonable person, having been told that he or she would not be arrested (denoting a future occurrence), could believe that he or she was currently in custody”); Pierce, 266 Ga. App. at 234-36 (1) (holding that the trial court erred in concluding that appellant was under arrest for the purposes of Miranda, even though the officer made reference to “some other drunk,” when the officer left appellant standing alone at police car while…
discussed Cited as authority (rule) Nancy Tobias v. State
Ga. Ct. App. · 2012 · confidence medium
Furthermore, the fact that “all 13 Gilmore v. State, 242 Ga. App. 470, 471 (2) ( 530 SE2d 221 ) (2000); Gunn v. State, 236 Ga. App. 901, 902 (1) ( 514 SE2d 77 ) (1999); Morrissette v. State, 229 Ga. App. 420, 422 (1) (a) ( 494 SE2d 8 ) (1997). 14 See Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000) (where evidence showed that the length of time from the traffic stop to the arrival of the investigating officer was approximately one hour, the temporary detention of defendant pending completion of the investigation was not unreasonable.
discussed Cited as authority (rule) State v. PADIDHAM (2×)
Ga. Ct. App. · 2011 · confidence medium
NOTES [1] See OCGA § 40-5-67.1 (b)(2). [2] Waters v. State, 306 Ga.App. 114, 116 (1), 701 S.E.2d 550 (2010) (citation omitted). [3] State v. Norris, 281 Ga.App. 193, 197 , 635 S.E.2d 810 (2006) (footnote omitted). [4] Waters, supra. [5] Harper v. State, 243 Ga.App. 705, 706 (1), 534 S.E.2d 157 (2000) (citation and punctuation omitted). [6] Id. (citation and punctuation omitted.). [7] Id. [8] Id.; see State v. Dixon, 267 Ga.App. 320, 321 , 599 S.E.2d 284 (2004) (reversing grant of suppression motion where defendant was not handcuffed or placed in the back of a patrol car and was not informed t…
examined Cited as authority (rule) DiMauro v. State (6×) also: Cited "see"
Ga. Ct. App. · 2011 · confidence medium
Instead, “[t]he test for determining whether a person is ‘in custody’ at a traffic stop is if a reasonable person in the suspect’s position would have thought the detention would not be temporary.” Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000) (citation and punctuation omitted).
discussed Cited as authority (rule) Owens v. State
Ga. Ct. App. · 2011 · confidence medium
State, 277 Ga. App. at 90-92 (The trial court erred in denying the defendant’s motion to suppress evidence resulting from a roadblock where the evidence showed that a senior patrol officer, who supervised his shift, met with his subordinates while already on patrol and decided spontaneously to set up a roadblock and where the evidence showed that the deciding officer did not rely on any specific authority or department policy for implementing roadblocks, did not seek approval from his commanding officer before immediately implementing the roadblock, and actively participated in all aspects o…
examined Cited as authority (rule) Thomas v. State (4×)
Ga. Ct. App. · 2008 · confidence medium
Thus, “if an officer gives a field sobriety test to a person who is [in custody or] under arrest but who had not been warned of his right against self-incrimination, then the test [results are] inadmissible.” (Citations omitted.) Harper v. State, 243 Ga. App. 705, 705-706 (1) ( 534 SE2d 157 ) (2000).
discussed Cited as authority (rule) Tune v. State
Ga. Ct. App. · 2007 · confidence medium
See also State v. Pierce, 266 Ga. App. 233, 234 ( 596 SE2d 725 ) (2004). 2 (Punctuation and footnote omitted.) State v. Sanders, 274 Ga. App. 393, 396 ( 617 SE2d 633 ) (2005). 3 See, e.g., Cann-Hanson v. State, 223 Ga. App. 690, 691 (1) ( 478 SE2d 460 ) (1996) (in the absence of field sobriety tests, officer’s observation that defendant had bloodshot, watery eyes and exuded an odor of alcohol was sufficient in itself to show probable cause to arrest him for driving under the influence). 4 See Pierce, supra at 235 (1); State v. Wintker, 223 Ga. App. 65, 67 ( 476 SE2d 835 ) (1996). 5 (Citation…
cited Cited as authority (rule) Burnham v. State
Ga. Ct. App. · 2006 · confidence medium
Harper v. State, 243 Ga. App. 705, 705-706 (1) ( 534 SE2d 157 ) (2000).
discussed Cited as authority (rule) Loden v. State
Ga. Ct. App. · 2005 · confidence medium
N. Stanley Gunter, District Attorney, Kimberly A. Pritchard, Assistant District Attorney, for appellee. 1 (Citation and punctuation omitted.) Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000). 2 See State v. Pierce, 266 Ga. App. 233, 235 (1) ( 596 SE2d 725 ) (2004). 3 See Harmon v. State, 253 Ga. App. 140, 141-142 (1) ( 558 SE2d 733 ) (2001). 4 See State v. Pierce, supra; Polizzotto v. State, 248 Ga. App. 814, 816 (1) ( 547 SE2d 390 ) (2001).
cited Cited as authority (rule) State v. Lentsch
Ga. Ct. App. · 2001 · confidence medium
Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000).
cited Cited "see" Rebuffi v. the State
Ga. Ct. App. · 2016 · signal: see · confidence high
See Harper v. State, 243 Ga. *862 App. 705, 706 (1) ( 534 SE2d 157 ) (2000), citing Aldridge v. State, 237 Ga. App. 209, 213 (3) ( 515 SE2d 397 ) (1999).
discussed Cited "see" Tobias v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000) (where evidence showed that the length of time from the traffic stop to the arrival of the investigating officer was approximately one hour, the temporary detention of defendant pending completion of the investigation was not unreasonable.
examined Cited "see" Waters v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2010 · signal: see · confidence high
See Harper, 243 Ga. App. at 706 (1); Aldridge, 237 Ga. App. at 213 (3).
discussed Cited "see" State v. Pierce (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
See Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000).
discussed Cited "see, e.g." Chavez-Ortega v. the State (2×)
Ga. Ct. App. · 2015 · signal: compare · confidence medium
Compare Harper v. State, 243 Ga. App. 705, 706 (1) ( 534 SE2d 157 ) (2000) (although suspect had been detained pursuant to a traffic stop and was suspected for DUI, he was not in custody for Miranda purposes when he was allowed to walk around, was not placed in the back of a police car and was not handcuffed); Campbell v. State, 255 Ga. App. 502, 504-505 (1) (a) ( 565 SE2d 834 ) (2002) (defendant was not in custody for Miranda purposes when he was briefly detained in the back of a patrol car and *504 officers asked if there were drugs in his car when an audio recording of the detention reveale…
Harper
v.
the State
A00A0147.
Court of Appeals of Georgia.
Apr 26, 2000.
534 S.E.2d 157
Robert A. Meier IV, for appellant., Joseph J. Drolet, Solicitor, Shukura L. Ingram, Assistant Solicitor, for appellee.
Smith, Pope, Miller.
Cited by 25 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Court of Appeals of Georgia (1)
Smith, Presiding Judge.

Chris Marion Harper was convicted of driving under the influence of alcohol. Following denial of his motion for new trial, he appeals. He claims that the trial court erred by not excluding evidence of his sobriety tests because the tests were administered after he was placed under arrest but before he was advised of his Miranda rights. We find this contention to be without merit, and we affirm.

Early in the morning of September 21,1996, Officer Stewart saw Harper driving west on Lindbergh Road in Atlanta. Harper made an illegal right turn onto Peachtree Road at a red light at the intersection of Lindbergh Road and Peachtree Road, and the officer pulled him over. Officer Stewart noticed that Harper’s eyes were red, that his speech was slurred, and that there was a strong smell of alcohol coming from his vehicle. Suspecting Harper to be driving under the influence, Officer Stewart called for a DUI task force officer. In response, Officer Garrison arrived and led Harper through a series of field sobriety tests. Officer Garrison then informed Harper that he was under arrest, read him the implied consent notice, and took him into custody.

1. Harper claims that his detention had ripened into an arrest before Officer Garrison conducted the sobriety tests and that because he had not been previously read his Miranda rights, the tests were improper and should not have been admitted into evidence. We disagree.

OCGA § 24-9-20 (a) provides that no person who is charged with a crime can be compelled to give evidence against himself. Applying this statute, we have held that if an officer gives a field sobriety test to a person who is under arrest but who had not been warned of his[*706] right against self-incrimination, then the test is inadmissible. See State v. Warmack, 230 Ga. App. 157, 158 (495 SE2d 632) (1998); State v. O’Donnell, 225 Ga. App. 502, 504 (2) (484 SE2d 313) (1997). Conversely, if an officer gives a field sobriety test to a person who is not under arrest, then the test is admissible even if the person had not been warned of his Miranda rights. See Crum v. State, 194 Ga. App. 271, 272 (390 SE2d 295) (1990).

The trial court found that Harper was placed in custody only after Officer Garrison completed his DUI investigation. “The issue of whether one is in custody for Miranda purposes is a mixed question of law and fact, and the trial court’s determination will not be disturbed unless it is clearly erroneous. [Cit.]” Johnson v. State, 234 Ga. App. 116, 118 (2) (506 SE2d 234) (1998). “The test for determining whether a person is ‘in custody’ at a traffic stop is if a reasonable person in the suspect’s position would have thought the detention would not be temporary. [Cit.]” Hughes v. State, 259 Ga. 227, 228 (1) (378 SE2d 853) (1989).

Harper emphasizes the length of time from the traffic stop to the arrival of the DUI task force officer and argues that because of the excessive delay, his detention ripened into an arrest. There is conflicting testimony concerning the time it took from the initial traffic stop until Officer Garrison arrived to conduct the investigation. Officer Stewart estimates the wait was only a few minutes while Harper testified that it was approximately a half-hour, and other evidence would support a finding that the delay lasted up to an hour. We have previously held that a wait of 45 to 50 minutes from the time of a traffic stop to the commencement of an investigative search of a car did not convert the investigation into a custodial situation. See Aldridge v. State, 237 Ga. App. 209, 213 (3) (515 SE2d 397) (1999). Here, Harper was allowed to walk around. He was not placed in the back of the police car, nor was he handcuffed. Officer Stewart told Harper that he had called for a DUI task force officer because he was under suspicion of DUI. And although Officer Stewart told Harper that he was not free to leave while they waited for the DUI task force to arrive, not every detention is an arrest. See State v. Dible, 232 Ga. App. 73, 74 (502 SE2d 245) (1998). Under these circumstances, a reasonable person could conclude that his freedom of action was only temporarily curtailed and that a final determination of his status was simply delayed. The trial court’s finding that Harper was placed under arrest only after the field sobriety test is not clearly erroneous.

2. We need not consider Harper’s remaining enumerations of error. Harper’s first enumeration of error asks whether Harper’s traffic stop ripened into an arrest. This is not a claim of error on the part of the trial court, but it is an issue in the analysis of the other enumerations of error.

[*707] Decided April 26, 2000. Robert A. Meier IV, for appellant. Joseph J. Drolet, Solicitor, Shukura L. Ingram, Assistant Solicitor, for appellee.

In his third enumeration of error, Harper claims that his refusal to submit to the State-mandated chemical test should have been excluded from evidence because the implied consent notice was not read to him when he was arrested. This enumeration assumes that competent evidence of Harper’s refusal to take the State-administered breath test was before the court, but that is not so. After the hearing on his motion in limine, Harper waived a jury trial, the solicitor and defense counsel stipulated that the evidence presented at the hearing would be deemed to be the evidence presented to the court, and no further evidence was presented. Although the solicitor stated that Officer Corroto would testify at trial that Harper refused a breath test, Corroto never testified at the hearing on Harper’s motion in limine. In any event, Officer Garrison read Harper the implied consent notice immediately after arresting him. Harper’s enumerations of error 1 and 3 are without merit.

Judgment affirmed.

Pope, P. J., and Miller, J., concur.