Georgia Law and DUI Articles

  

Can you run from the Cops in Georgia if you have done nothing wrong?

Thursday, March 19, 2015

running from the cops Yes, you can run if you have done nothing criminally wrong. Police must be able to articulate a crime that you are committing or have committed to stop and question.  If they then can not, then it is a first tier encounter and you are free to ignore, walk away or run -even if you are on probation. 

1. Nervousness: “[N]ervousness …  is insufficient to justify an investigative [second-tier] detention.” Dominguez v. State, 310 Ga. App. 370, 375 (714 SE2d 25) (2011).

2. Presence in a high crime area: Mere presence in an area of suspected crime [was] not enough to support a reasonable, particularized suspicion that [he] was committing a crime. Ewumi v. State, 315 Ga. App. 656, 661 (1) (727 SE2d 257) (2012).

3. Suspiciousness:  An officer’s feeling that [Smith was] acting in a suspicious way [did] not amount to a particularized and objective basis for suspecting him of criminal activity. Ewumi v. State, 315 Ga. App. 656, 661 (1) (727 SE2d 257) (2012)

The defining characteristic of a first-tier encounter is the right of the citizen to terminate that encounter — even by running. See Ewumi, 315 Ga. App. at 658 (1); Galindo-Eriza v. State, 306 Ga. App. 19, 22-23 (1) (701 SE2d 516) (2010). The evidence of simply running from a first-tier encounter cannot support a finding that he committed the offense of obstruction. Ewumi, 315 Ga. App. at 662-663 (1) (a) [4] .  Even if you are on probation, you can run in the absence of articulable suspicion of criminal activity. Wright v. State, 297 Ga. App. 813, 816-817 (678 SE2d 506) (2009)Smith v. State, 327 Ga. App. 224 (2014). Caveat: Just because the case law is on your side doesn’t mean the police won’t arrest you.  You may still have to hire a lawyer, go to trial or even file an appeal to reverse a conviction. Further, the law is constantly developing. Appeals courts issue new opinions daily so what is the law today maybe interpreted differently tomorrow. 

-Author: George Creal



Tags

 


Archive





                                                           


    George C. Creal, Jr. is a trial lawyer with 18 years of courtroom experience. He is one of only 6 Metro DUI lawyers with both an AV Preeminent rating from Martindale.com and a 10.0/10.0 Superb rating on Avvo.com.  With over 100 not guilty jury verdicts under his belt, George knows how to convince a jury that the State has not proven his client guilty of DUI beyond a reasonable doubt.
    George Creal Attorney Profile










    The National Trial Lawyers

     

    READ SUCCESS STORIES ON FACEBOOK FAN PAGE BELOW

       

     

    No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI arrests occurring in the State of Georgia. Individuals with DUI from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2014 George C. Creal, Jr. P.C.
    Protected by Copyscape Online Plagiarism Checker


     | DUI Alpharetta   |   DUI Athens   |   DUI Atlanta   | DUI Bibb County   


       DUI Conyers    |     DUI Coweta County   |   DUI Decatur   |   DUI DeKalb County 

     DUI Doraville   |   DUI Douglas   |   DUI Douglasville   |   DUI Duluth 







    Atlanta Office Address: 480 John Wesley Dobbs Ave.,  N.E., Unit 190, Atlanta, GA 30312 | Phone: (404) 491-8712

    In the words of Mark Twain, "Continuous Improvement is better than delayed perfection." If you find errors or deadlinks please email us at firm@georgialawyer.com, we strive to do better.