Sauls v. State-Substantially Incomplete Implied Consent-Officer Interrupted – Refusal Suppressed
Sauls v. State-S12G1292-Implied Consent-Officer Interrupted, Refusal Suppressed (June 17, 2013) Reversing a prior ruling from the Georgia Court of Appeals and excluding the Breath test from the Carrollton Trial Cout in this Georgia Per Se DUI case, this Court held that the Caroll County police officer made a material omission in reading implied consent after […]
Read MoreMARYLAND v ALONZO JAY KING JR – No 4th Amendment for DNA – “tax[ing] the credulity of the credulous” -SCOTUS – June 3 2013
MARYLAND v ALONZO JAY KING JR. – No. 12-207- Supreme Court of the United States – June 3, 2013. In a 5 to 4 decision the Supreme Court approved under the 4th Amendment the collection of DNA samples from arrestees of serious, violent crimes as a routine booking procedure. Alzono King was arrested for menacing […]
Read MoreState v Carr – Illegal Search and Seizure – Passengers are people too
State v. Carr – A13A0651-Search & Seizure-Passengers Have Rights Too June 11, 2013 The Fourth Amendment still has legs in the State of Georgia. And if a prosecutor tries to justify a search and seizure based on officer safety concerns, it might be a good idea to have the officer testify. On June 4, 2013, […]
Read MorePuckett v. State – A13A0264 – Expert Witness – Rule of Sequestration
Puckett v. State, A13A0264, May 17, 2013. This case deals with DUI Expert Witnesses and the Rule of Sequestration during a DUI jury trial in Cobb County State Court located in Marietta, Georgia. Under O.C.G.A. 24-9-61 repealed on Jan 1st, 2013 by the new Georgia Evidence Code, either party has the right to have the […]
Read MoreRodriguez v State – A12A2397 – License Plate Recognition Scanner – Rise of the Drones
In Rodriguez v. State – A12A2397 – April 12, 2013, a divided Georgia Court of Appeals affirmed the Gwinnett County stop and conviction of the Defendant and pondered how far with Courts let the technology go in the face of the 4th Amendment prohibition against unreasonable searches and seizures. Rodriguez was stopped by a License Plate […]
Read MoreAppling v State – A12A2137 – 4 Officers not Custody for Miranda during DUI stop
In Appling v. State, A12A2137, March 14, 2013, the Georgia Court of Appeals held that when Officers do not tell you that you are drunk, they intend to arrest you, put you in a police cruiser, handcuff you, wait in a specific location for a more experienced officer then you are not in custody for purposes […]
Read MoreSimmons v. State – A13A0083 – specific consequences of a DUI Jury Trial Wavier need not be known
In Simmons v. State, A13A0083, May 5th, 2013, the Georgia Court of Appeals held that there was no error in the Cobb County State Court Trial Judge’s acceptance of a waiver of the right to a jury trial before a bench trial in the Marietta Trial Court. The Court found that the DUI Defendant need not […]
Read MoreCorey v. State – DUI Arrest – Open Garage is Curtilage
In Corey v. State, A12A2365, March 13, 2013, the Georgia Court of Appeals held that the search of the DUI Defendant’s Cobb County home or its curtilage was presumptively unreasonable absent exigent circumstances or consent even in the presence of probable cause and reversed the Marietta Trial Court in this Cobb County DUI arrest. Physical entry […]
Read MoreCriswell v State – The Police can arrest for a DUI in your own driveway if you don’t ignore them
State v. Criswell, A14A0527, Court of Appeals of Georgia, May 29, 2014. Cristopher Criswell was charged with DUI less safe in Holly Springs, Cherokee County, Georgia, and got his case dismissed at a motion to suppress hearing because the Police had no reason to come on his property and arrest him. The State appealed and […]
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