Jones v. State, 727 S.E.2d 456 (Ga. 2012). · Go Syfert
Jones v. State, 727 S.E.2d 456 (Ga. 2012). Cases Citing This Book View Copy Cite
“to the extent issue concerns a mixed question of fact and law, we accept the trial court's findings on disputed facts and witness credibility unless they are clearly erroneous, but independently apply the law to the facts.”
158 citation events (158 in the last 25 years) across 3 distinct courts.
Strongest positive: The State v. Lewis. (gactapp, 2018-02-21)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (quoted) The State v. Lewis.
Ga. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
rrests... can be supported only by probable cause.
examined Cited as authority (quoted) Hynes v. the State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2017 · quote attribution · 1 verbatim quote · confidence low
when the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court's application of the law to the undisputed facts.
examined Cited as authority (quoted) State v. Allen (4×) also: Cited "see"
Ga. · 2015 · signal: see · quote attribution · 2 verbatim quotes · confidence high
to the extent issue concerns a mixed question of fact and law, we accept the trial court's findings on disputed facts and witness credibility unless they are clearly erroneous, but independently apply the law to the facts.
examined Cited as authority (quoted) Hernandez-Espino v. State (2×) also: Cited "see"
Ga. Ct. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
when the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court's application of law to the undisputed facts.
examined Cited as authority (quoted) Jose Hernandez-Espino v. State (2×) also: Cited "see"
Ga. Ct. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
when the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court's application of law to the undisputed facts.
discussed Cited as authority (rule) State v. Mickel
Ga. · 2025 · confidence medium
Other than the limited findings presented, we do not know what portions of Sergeant Michaud’s testimony and Detective Leary’s testimony the trial court credited to find that there were “specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity,” Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012), and what portions of their testimony the trial court relied upon or discredited to determine that there were insufficient facts and circumstances “to warrant a prudent person, or one of reasonable caution, in …
discussed Cited as authority (rule) State v. B. Jay Craig (2×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
But where, as here, some of the controlling facts are not fully captured in the recording, we defer to the trial court’s findings regarding those facts.”) (citations and punctuation omitted; emphasis supplied). 5 And for a traffic stop to be valid, “an officer must identify specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) State v. B. Jay Craig (2×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
But where, as here, some of the controlling facts are not fully captured in the recording, we defer to the trial court’s findings regarding those facts.”) (citations and punctuation omitted; emphasis supplied). 5 And for a traffic stop to be valid, “an officer must identify specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) State v. Phillip J. Larscheid
Ga. Ct. App. · 2023 · confidence medium
Copeland, 310 Ga. at 351 (2) (b). 9 “There are at least three types of police-citizen encounters: verbal communications that involve no coercion or detention; brief stops or seizures that must be accompanied by a reasonable suspicion; and arrests, which can be supported only by probable cause.” (Citation and punctuation omitted.) Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 546 ) (2012).
discussed Cited as authority (rule) Mark Joseph Tatum v. State
Ga. Ct. App. · 2023 · confidence medium
When “the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court’s application of the law to the undisputed facts.” Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012).
examined Cited as authority (rule) State v. Gilmore (5×) also: Cited "see"
Ga. · 2021 · confidence medium
And when confronted with a mixed question of law and fact, “we accept the trial court’s findings on disputed facts and witness credibility unless they are clearly 6 erroneous, but independently apply the law to the facts.” Jones v. State, 291 Ga. 35, 37 ( 727 SE2d 456 ) (2012); see also Lilly v. Virginia, 527 U.S. 116, 136-137 ( 119 SCt 1887 , 144 LE2d 117) (1999) (setting forth a de novo standard of review for “fact-intensive, mixed questions of constitutional law,” reasoning that “independent review is necessary to maintain control of, and to clarify, the legal principles governi…
discussed Cited as authority (rule) Durell George Romaine v. State
Ga. Ct. App. · 2021 · confidence medium
“There are at least three types of police-citizen encounters: verbal communications that involve no coercion or detention; brief stops or seizures that 4 must be accompanied bya reasonable suspicion; and arrests, whichcanbe supported only by probable cause.” Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 456 ) (2012) (punctuationomitted).
discussed Cited as authority (rule) State v. COPELAND (Three Cases) (2×) also: Cited "see"
Ga. · 2020 · confidence medium
(Citation and punctuation omitted.) Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 456 ) (2012).
examined Cited as authority (rule) Christopher Womack v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2020 · confidence medium
“The Fourth Amendment test for a valid consent to search is that the consent be voluntary, and voluntariness is a question of fact to be determined from all the 1 “There are at least three types of police-citizen encounters: verbal communications that involve no coercion or detention; brief stops or seizures that must be accompanied by a reasonable suspicion; and arrests, which can be supported only by probable cause.” (Citation and punctuation omitted.) Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 456 ) (2012). 4 circumstances.” (Citation and punctuation omitted.) Ohio v. Robinette, …
discussed Cited as authority (rule) State v. Larry Shaw
Ga. Ct. App. · 2019 · confidence medium
“For a traffic stop to be valid, an officer must identify specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
cited Cited as authority (rule) Curry v. State
Ga. · 2019 · confidence medium
Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Carltavius Stephens v. State
Ga. Ct. App. · 2018 · confidence medium
When “the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court’s application of the law to the undisputed facts.” (Citation omitted.) Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012).
examined Cited as authority (rule) Alfred G. Harris Jr. v. State (3×) also: Cited "see"
Ga. Ct. App. · 2018 · confidence medium
“When the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court’s application of the law to the undisputed facts.” Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012) (citation omitted).
cited Cited as authority (rule) Mitchell v. State
Ga. · 2017 · confidence medium
(Citations omitted.) Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012).
cited Cited as authority (rule) Mitchell v. State
Ga. · 2017 · confidence medium
(Citations omitted.) Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Williams v. State
Ga. · 2017 · confidence medium
Specifically, the Court of Appeals 1 “There are at least three types of police-citizen encounters: verbal communications that involve no coercion or detention [first tier]; brief stops or seizures that must be accompanied by a reasonable suspicion [second tier]; and arrests, which can be supported only by probable cause [third tier].” (Citation and punctuation omitted.) Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 456 ) (2012). 2 found that Williams became “agitated and fidgety” during the initial first-tier encounter and that Williams fled upon learning that he was a suspect, which c…
discussed Cited as authority (rule) Williams v. State
Ga. · 2017 · confidence medium
“There are at least three types of police-citizen encounters: verbal communications that involve no coercion or detention [first tier]; brief stops or seizures that must be accompanied by a reasonable suspicion [second tier]; and arrests, which can be supported only by probable cause [third tier](Citation and punctuation omitted.) Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Toole v. the State
Ga. Ct. App. · 2017 · confidence medium
“For a traffic stop to be valid, an officer must identify specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” (Citations omitted.) Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) The State v. Wallace
Ga. Ct. App. · 2016 · confidence medium
“When the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court’s application of the law to the undisputed facts.” (Citation omitted.) Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Gonzalez v. the State
Ga. Ct. App. · 2015 · confidence medium
“For a traffic stop to be valid, an officer must identify specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Anthony Elvine v. State
Ga. Ct. App. · 2015 · confidence medium
These principles apply equally whether the trial court ruled in favor of the State or the defendant.1 To the extent that “the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court’s application of the law to the undisputed facts.”2 The evidence from the suppression hearing was uncontraverted and shows that after arresting a suspect in a narcotics sting operation, a drug enforcement officer observed the suspect’s cell phone receive a text message from a person identified as 1 (Citations and…
discussed Cited as authority (rule) Lewis v. the State
Ga. Ct. App. · 2015 · confidence medium
J., and Boggs, J., concur. 1 OCGA §§ 16-13-2 (b); 16-13-30 (j) (1). 2 OCGA § 16-13-32.2 (a). 3 (Citations and punctuation omitted.) Brown v. State, 293 Ga. 787, 802-803 (3) (b) (2) ( 750 SE2d 148 ) (2013), quoting Miller v. State, 288 Ga. 286, 286-287 ( 702 SE2d 888 ) (2010). 4 Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012), citing Vansant v. State, 264 Ga. 319, 320 (1) ( 443 SE2d 474 ) (1994). 5 See OCGA § 40-6-48 (X); Camacho v. State, 292 Ga. App. 120, 122 ( 663 SE2d 364 ) (2008) (“[n umerous cases have held that weaving out of one’s lane justifies a stop”). 6 Rodri…
discussed Cited as authority (rule) The State v. New
Ga. Ct. App. · 2015 · confidence medium
To the extent that “the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court’s application of the law to the undisputed facts.” (Citation omitted.) Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) The State v. Padgett
Ga. Ct. App. · 2014 · confidence medium
Miller and Dillard, JJ., concur. 1 See OCGA §§ 40-6-391 (a) (1) (less safe to drive) and 40-6-391 (a) (5) (per se illegal alcohol concentration). 2 (Citations and punctuation omitted.) Brown v. State, 293 Ga. 787, 802-803 (3) (b) (2) ( 750 SE2d 148 ) (2013), quoting Miller v. State, 288 Ga. 286, 286-287 ( 702 SE2d 888 ) (2010). 3 Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012), citing Vansant v. State, 264 Ga. 319, 320 (1) ( 443 SE2d 474 ) (1994). 4 When first briefing the issue, Padgett’s counsel was operating under the assumption that the officer had lost the initial blood …
discussed Cited as authority (rule) The State v. Cartwright
Ga. Ct. App. · 2014 · confidence medium
To the extent that “the evidence *155 at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court’s application of the law to the undisputed facts.” Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) State v. Michael Cody Terrell
Ga. Ct. App. · 2014 · confidence medium
The officer located the vehicle and noticed a crack in the windshield sufficient to partially obstruct the driver’s view.3 1 (Punctuation and citations omitted.) Brown v. State, 293 Ga. 787, 802-803 (3) (b) (2) ( 750 SE2d 148 ) (2013), quoting Miller v. State, 288 Ga. 286, 286-287 ( 702 SE2d 888 ) (2010). 2 Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012), citing Vansant v. State, 264 Ga. 319, 320 (1) ( 443 SE2d 474 ) (1994). 3 The driver testified at the suppression hearing and did not dispute having a cracked windshield.
cited Cited as authority (rule) Cupe v. State
Ga. Ct. App. · 2014 · confidence medium
Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012) (citation omitted).
discussed Cited as authority (rule) Walter Charles Cupe v. State
Ga. Ct. App. · 2014 · confidence medium
Cupe’s house was “two houses up” from Joseph’s house, and the Chief knew of a path that led from Joseph’s property to Hutcheson Moody Road, which was 4 Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 426 ) (2012) (citation omitted). 6 adjacent to Cupe’s home.
discussed Cited as authority (rule) State v. Travis Holmes
Ga. Ct. App. · 2014 · confidence medium
The driver denied being at the baseball fields and 1 (Punctuation and citations omitted.) Brown v. State, 293 Ga. 787, 802-803 (3) (b) (2) ( 750 SE2d 148 ) (2013), quoting Miller v. State, 288 Ga. 286, 286-287 ( 702 SE2d 888 ) (2010). 2 Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 426 ) (2012), citing Vansant v. State, 264 Ga. 319, 320 (1) ( 443 SE2d 474 ) (1994). 2 explained that they had been at a house party nearby.
discussed Cited as authority (rule) Bobby Gene Valentine v. State
Ga. Ct. App. · 2013 · confidence medium
All that is required to initiate a traffic stop is “specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” (Citations omitted.) Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Valentine v. State
Ga. Ct. App. · 2013 · confidence medium
All that is required to initiate a traffic stop is “specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” (Citations omitted.) Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Manuel Garcia-Carrillo v. State
Ga. Ct. App. · 2013 · confidence medium
Instead, all that is required is “specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” (Citations omitted.) Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Garcia-Carrillo v. State
Ga. Ct. App. · 2013 · confidence medium
Instead, all that is required is “specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” (Citations omitted.) Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Steve Durden v. State
Ga. Ct. App. · 2013 · confidence medium
“So long as a reasonable person would feel free to disregard the police and go about his business, the encounter is consensual and no reasonable suspicion is required.” (Citation and punctuation omitted.) Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Durden v. State
Ga. Ct. App. · 2013 · confidence medium
“So long as a reasonable person would feel free to disregard the police and go about his business, the encounter is consensual and no reasonable suspicion is required.” (Citation and punctuation omitted.) Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Tyrone Leonard Bolen v. State
Ga. Ct. App. · 2013 · confidence medium
For a “brief stop or seizure” to be valid, “an officer must identify specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Bolen v. State
Ga. Ct. App. · 2013 · confidence medium
For a “brief stop or seizure” to be valid, “an officer must identify specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity.” Jones v. State, 291 Ga. 35, 38 (2) ( 727 SE2d 456 ) (2012).
discussed Cited as authority (rule) Sonia Rodriguez v. State
Ga. Ct. App. · 2013 · confidence medium
For example, “[o]fficers are entitled to rely on information provided by other officers or by their dispatcher when asked to be on the lookout for a certain vehicle or suspects [, and t]here is no requirement that the officer or officers providing the information testify at the motion to suppress.”15 We have 12 Cf. id. (the challenged testimony “was not germane to the question of whether defendant committed the crimes charged but was relevant only to prove the manner in which law enforcement officers apprehended the suspect.”) (punctuation omitted.) See also Ingram v. State, 211 Ga. Ap…
discussed Cited as authority (rule) Stinson v. State
Ga. Ct. App. · 2012 · signal: cf. · confidence medium
Cf. Jones v. State, 291 Ga. 35, 38-39 (2) ( 727 SE2d 456 ) (2012) (concluding that the traffic stop was unlawful since there was no evidence of an abrupt turn, sharp driving maneuver, or other evasive action to justify the officer’s belief that the defendant was trying to avoid the roadblock).
discussed Cited as authority (rule) Nathaniel Stinson v. State
Ga. Ct. App. · 2012 · signal: cf. · confidence medium
Cf. Jones v. State, 291 Ga. 35, 38-39 (2) ( 727 SE2d 456 ) (2012) (concluding that the traffic stop was unlawful since there was no evidence of an abrupt turn, sharp driving maneuver, or other evasive action to justify the officer’s belief that the defendant was trying to avoid the roadblock).
examined Cited as authority (rule) Blakely v. State (4×)
Ga. Ct. App. · 2012 · confidence medium
(Citation omitted.) Jones v. State, 291 Ga. 35, 36-37 (1) ( 727 SE2d 456 ) (2012). “[W] e consider both the transcript of the hearing and the trial transcript in reviewing the evidentiary basis for the denial of a motion to suppress.” (Punctuation omitted.) Pittman v. State, 286 Ga. App. 415, 416 ( 650 SE2d 302 ) (2007).
examined Cited "see" State v. Newsom (4×)
Ga. · 2024 · signal: see · confidence high
See Jones v. State, 291 Ga. 35, 38 ( 727 SE2d 456 ) (2012).
discussed Cited "see" LUMPKIN v. THE STATE (Two Cases) (2×)
Ga. · 2020 · signal: see · confidence high
See Jones v. State, 291 Ga. 35, 38-39 (2) ( 727 SE2d 456 ) (2012).
discussed Cited "see" The State v. Dykes. (2×)
Ga. Ct. App. · 2018 · signal: accord · confidence high
To the contrary, the officer repeatedly testified that Dykes's failure to maintain lane was the only reason he initiated the traffic stop, and at the conclusion of the hearing, the State expressly argued, "We don't have somebody weaving within the lane[,] but going outside of it." Thus, we will not address the State's second claim of error. 9 Jones v. State , 291 Ga. 35 , 38 (2), 727 S.E.2d 456 (2012) ; accord Toole v. State , 340 Ga. App. 633 , 634, 798 S.E.2d 288 (2017). 10 See Jones , 291 Ga. at 38 (2), 727 S.E.2d 456 (holding that an officer lacked reasonable suspicion to initiate a traffi…
cited Cited "see" Harris v. State
Ga. Ct. App. · 2018 · signal: see · confidence high
See Jones , supra at 38-39 (2), 727 S.E.2d 456 .
Jones
v.
the State
S11G1054.
Supreme Court of Georgia.
May 7, 2012.
727 S.E.2d 456
Head, Thomas, Webb & Willis, Gregory A. Willis, for appellant., Robert Stokely, Solicitor-General, Natalie Ashman, Stephen J. Tuggle, Sandra N. Wisenbaker, Kimberly D. Sewell, Assistant Solicitors-General, for appellee.
Hunstein.
Cited by 70 opinions  |  Published
4 passages pin-cited by 5 cases
Pinpoint authority: #15,825 of 633,719
Citer courts: Court of Appeals of Georgia (4) · Supreme Court of Georgia (2)
Hunstein, Chief Justice.

Michael Jeffery Jones was convicted of driving under the influence, and the Court of Appeals affirmed in an unpublished opinion.[*36] Jones v. State, 308 Ga. App. XXII (Case No. A10A2092) (decided March 9, 2011). We granted the writ of certiorari to determine whether the Court of Appeals erred in upholding the trial court’s denial of Jones’s motion to suppress and his request for a subpoena. Because we hold that the arresting officer’s detention of Jones was a seizure and there was no evidence that the officer had reasonable suspicion to make the traffic stop, we reverse.

While participating in a Georgia State Patrol roadblock in Coweta County just after midnight on March 14, 2009, a trooper observed a sports utility vehicle make an abrupt right turn into the parking lot of a small strip shopping center where all the businesses were closed. Deciding to investigate, the trooper turned around his car and activated his lights as he drove to the parking lot. Before reaching it, he saw a truck that was driven by Jones turn into it. The trooper blocked the lot’s exit as Jones was turning around and pulling up behind the SUV. The trooper approached the SUV’s driver, who said she thought there had been a traffic accident and she was turning around to avoid it. He decided to let her go, but asked her to wait until he had spoken to the driver behind her. He then walked back to Jones’s truck to see why Jones had turned into the parking lot. Smelling a strong odor of alcohol and marijuana through the truck’s open window, the trooper told Jones that he was allowing the SUV to leave, but that Jones should remain. After moving his car and releasing the first driver, the trooper returned to Jones and asked him to perform several field sobriety tests. During the tests, the trooper observed signs of impairment, and Jones also tested positive for alcohol on the portable alco-sensor machine. As a result, the trooper arrested Jones for DUI.

Jones filed a motion in limine to exclude the results of the state-administered chemical and field sobriety tests on the grounds that the trooper lacked reasonable articulable suspicion to stop and detain him. The trooper testified at the suppression hearing that the parking lot was divided by a grass median and each side had a driveway that served as both the entrance and exit to that side of the parking lot. He further testified that he had blocked the exit to stop the SUV from leaving and “there is no way [Jones’s] truck could have exited until I got through dealing with the first vehicle.” The trial court found “there was only one way in and one way out” of the parking lot and Jones had voluntarily stopped his truck behind the SUV. Denying the motion to suppress, the trial court ruled that the trooper’s initial encounter with Jones was a first-tier, citizen-police encounter and not a traffic stop. The Court of Appeals affirmed.

1. When the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de[*37] novo review of the trial court’s application of the law to the undisputed facts. Vansant v. State, 264 Ga. 319, 320 (1) (443 SE2d 474) (1994). To the extent an issue concerns a mixed question of fact and law, we accept the trial court’s findings on disputed facts and witness credibility unless they are clearly erroneous, but independently apply the law to the facts. Morrow v. State, 272 Ga. 691, 693 (1) (532 SE2d 78) (2000).

The Fourth Amendment prohibits unreasonable searches and seizures. U. S. Const. Amend. IV; see Ga. Const, of 1983, Art. I, Sec. I, Par. XIII. “ ‘There are at least three types of police-citizen encounters: verbal communications that involve no coercion or detention; brief stops or seizures that must be accompanied by a reasonable suspicion; and arrests, which can be supported only by probable cause.’ ” In the Interest of D. H., 285 Ga. 51, 53 (2) (673 SE2d 191) (2009) (citation and punctuation omitted). “So long as a reasonable person would feel free to ‘disregard the police and go about his business,’the encounter is consensual and no reasonable suspicion is required.” Florida v. Bostick, 501 U. S. 429, 434 (II) (111 SC 2382,115 LE2d 389) (1991) (citation omitted).

A consensual encounter may become a seizure under the Fourth Amendment when “in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” United States v. Mendenhall, 446 U. S. 544, 554 (II) (A) (100 SC 1870, 64 LE2d 497) (1980) (opinion of Stewart, J.); see INS v. Delgado, 466 U. S. 210 (104 SC 1758, 80 LE2d 247) (1984) (adopting test in a majority opinion). “A person is seized by the police and thus entitled to challenge the government’s action under the Fourth Amendment when the officer, by means of physical force or show of authority, terminates or restrains his freedom of movement, through means intentionally applied.” Brendlin v. California, 551 U. S. 249, 254 (II) (A) (127 SC 2400, 168 LE2d 132) (2007) (citations and punctuation omitted). “A seizure occurs even when an unintended person or thing is the object of the detention or taking, but the detention or taking itself must be willful.” Brower v. County of Inyo, 489 U. S. 593, 596 (109 SC 1378, 103 LE2d 628) (1989) (citations omitted.) “[T]he Fourth Amendment addresses ‘misuse of power,’not the accidental effects of otherwise lawful government conduct.” Id. (citation omitted). The Supreme Court “thus supplemented the objective inquiry of whether a ‘reasonable person would have believed that he was not free to leave,’ with a requirement that the detention be ‘willful.’ ” United States v. Nasser, 555 F3d 722, 728 (9th Cir. 2009) (citations omitted).

Contrary to the Court of Appeals, we conclude that the evidence did not support the trial court’s ruling that the initial encounter[*38] between the trooper and Jones was consensual. As Jones was turning his truck around in the parking lot, the trooper positioned his patrol car in the exit to prevent any vehicle from leaving and left on his car’s flashing lights. He testified, and the trial court found, that Jones could not leave without the patrol car being moved. The trooper had decided to release the SUV driver, the initial target of the traffic stop, but told her to “hold on” while he checked the second driver. He then “stepped back to [Jones] to see what had persuaded him to turn into the parking lot.” These actions show that the trooper intended to detain Jones at least momentarily to discover his reasons for avoiding the highway roadblock and a reasonable person would not have felt free to leave under these circumstances without the trooper’s permission. Therefore, we hold that a seizure occurred when the trooper walked back to question Jones while blocking his exit from the parking lot with the patrol car. Cf. McKinley v. State, 213 Ga. App. 738, 739 (445 SE2d 828) (1994) (finding encounter was a seizure when officer parked unmarked car next to a van, activated the car’s blue lights, and displayed police identification).

2. For a traffic stop to be valid, an officer must identify specific and articulable facts that provide a reasonable suspicion that the individual being stopped is engaged in criminal activity. See Terry v. Ohio, 392 U. S. 1, 21 (88 SC 1868, 20 LE2d 889) (1968); Thomason v. State, 268 Ga. 298, 301 (2) (a) (486 SE2d 861) (1997). In this case, the trooper did not testify to any particular, objective facts that led him to reasonably suspect Jones was committing a crime. There was no evidence that Jones had violated a traffic law or made a sharp, unsafe, or furtive driving maneuver. See Jones v. State, 259 Ga. App. 506, 507 (1) (578 SE2d 165) (2003) (finding that unusual and illegal driving maneuver to avoid a roadblock provided sufficient evidence to justify the officer’s suspicion of criminal activity); Richards v. State, 257 Ga. App. 358, 359 (1) (571 SE2d 172) (2002) (finding that driving in an unusual, unsafe, or furtive manner can provide reasonable suspicion). The trooper was investigating the SUV driver for making an abrupt turn into the parking lot and had decided to release her before he approached Jones. Although the trooper noticed Jones as he turned into the parking lot, the trooper did not recall that Jones made an abrupt turn. Without evidence of a specific driving violation or maneuver to support the officer’s belief that Jones was trying to avoid the roadblock, we conclude that the trooper lacked reasonable suspicion to stop Jones. See Jorgensen v. State, 207 Ga. App. 545, 546 (428 SE2d 440) (1993) (finding no evidence of sharp driving maneuver, sudden turn or reduction in speed, or other evasive action to support officer’s belief that defendant turned into apartment complex to avoid roadblock). Accordingly, we conclude that the traffic stop[*39] violated the Fourth Amendment, and the evidence obtained as a result of the stop should have been suppressed.

Decided May 7, 2012. Head, Thomas, Webb & Willis, Gregory A. Willis, for appellant. Robert Stokely, Solicitor-General, Natalie Ashman, Stephen J. Tuggle, Sandra N. Wisenbaker, Kimberly D. Sewell, Assistant Solicitors-General, for appellee.

Given our decision on the Fourth Amendment issue, the remaining enumeration of error is moot.

Judgment reversed.

All the Justices concur.