Good Question – Quote of the Day from the Rodriguez arguments in Georgia Supreme Court
Good Question: The Fulton County Daily Report reported on January 8th, 2014 in its Story “Justices Ponder Traffic Stop that Stumped State Appeals Court, “Rodriguez v. State, No. S13G1167, a case on appeal from the Georgia Court Appeals where the Court en banc split 6-6 and allegedly affirmed the Gwinnett County Trial Court decision, the Georgia […]
Read MoreAiken Standard walks you through a DUI arrest
In an article posted on January 6, 2014, the Aiken Standard published an article on the steps a person goes through in a DUI arrest. Although based on a DUI arrest in South Carolina, it is the same progress that occurs in a Georgia DUI Arrest. First, the police must have an articulable suspicion of […]
Read MoreGeorgia Legislators to push for alcohol breath testing devices in the cars of first offenders
Atlanta’s Fox Five reported on December 18th, 2013 that Georgia Legislators honored by Mother’s Against Drunk Driving are pushing for alcohol breath testing devices to be required in the ignitions of first-time DUI offenders in Georgia. This proposed law is based upon the fact that of the approximately 1200 traffic deaths reported in the last […]
Read MoreGovernors Criminal Justice Reform Council votes to allow private lawsuits for mugshot mistakes
Money for Mugshots?… Are you paying or giving? On December 19, 2013, The Daily Report published an article that Governor Deal’s Georgia Council on Criminal Justice Reform unanimously voted Wednesday to support creating a private cause of action for citizens so they can sue reporting agencies and other private companies that publish incorrect or sealed criminal […]
Read MoreGeorgias Operation Zero Tolerance for Constitutional Rights
WSAV reports that the Georgia Governor’s Office of Highway Safety is commencing OPERATION ZERO TOLERANCE. This means to prepare for DUI saturation patrols, random stops for tag light violations and weaving within the lane after 10 pm, and Constitutionally suspect DUI Road Blocks, Operation Zero Tolerance for Holiday Cheer is in full swing. Operation Zero […]
Read MoreMcCormack v State – a weapons frisk is not authority to open a discovered pill container
McCormack v. State, A13A1390, November 22, 2013. James McCormack was stopped by police for walking in the roadway and obstructing traffic. He had a knife clipped to his belt so the Officer investigating McCormack for walking in the roadway performed a search for weapons for officer safety known as a Terry frisk. No weapons were […]
Read MorePolice Officer admits never reading US Constitution but claims DUI road block is Constitutional?
The Daily Paul reported on December 15, 2013, that a California Police Officer who claimed a roadblock was Constitutional and legal had never read the Bill of Rights of the U.S. Constitution. Fourth Amendment to the United States Constitution: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches […]
Read MoreAllen v State tipsters must give more information than Dodge Charger for police stop
Allen v. State, A13A1051, November 22, 2013. The Court of Appeals reversed the denial of Deondrez Allen’s motion to suppress the marijuana found in her Dodge Charger. A be on the lookout or BOLO was given for a Silver Dodge Charger that was involved in several armed robberies over days in unincorporated Fulton County on […]
Read MoreHeard v State – consent to search is no good where reason for stop is wrong
Heard v. State, A13A0853, Court of Appeals of Georgia, Decided: November 22, 2013. James Heard was stopped by police in Franklin County because the Police Captain had told the Officer that a vehicle matching his car’s description had been involved in drug activity and because no tag validation sticker was visible. It turned out that the […]
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