Faulkner v. State, 277 Ga. App. 702

627 S.E.2d 423 (2006) · Court of Appeals of Georgia · February 21, 2006 · No. No. A05A2196

Summary

The Georgia Court of Appeals affirmed the denial of Christopher Grant Faulkner’s motion to suppress and his convictions for driving under the influence and violating the open container law. The court held that the officers had reasonable, articulable suspicion to stop the vehicle based on a particularized BOLO and observed conduct, and that probable cause supported Faulkner’s DUI arrest based on his attempted flight, reckless driving, odor of alcohol, flushed face, and slurred speech.

Holdings

  1. The stop was supported by a reasonable, articulable suspicion of criminal activity because the officers had particularized information linking the specifically described Jeep and its occupants to suspected impaired driving. In addition, Faulkner's subsequent attempt to flee and reckless driving constituted new criminal activity that would have purged any taint from an otherwise unlawful stop.
  2. The arrest was supported by probable cause because the officers had reasonably trustworthy information establishing a probability that Faulkner had physically controlled a moving vehicle while under the influence of alcohol to a degree that rendered him incapable of driving safely.

Questions Presented

  1. Whether the investigatory stop of Faulkner's vehicle was supported by a reasonable, articulable suspicion of criminal activity.
  2. Whether Faulkner's arrest for driving under the influence was supported by probable cause.

Disposition

affirmed

Cases Cited (13)

  • Lamb v. State, 269 Ga. App. 335, 604 S.E.2d 207 (2004)(followed)
  • Thomason v. State, 268 Ga. 298, 301(2)(a), 486 S.E.2d 861 (1997)(followed)
  • McNair v. State, 267 Ga. App. 872, 874(1), 600 S.E.2d 830 (2004)(followed)
  • Shorter v. State, 239 Ga. App. 625, 626(1), 521 S.E.2d 684 (1999)(followed)
  • Vansant v. State, 264 Ga. 319, 443 S.E.2d 474 (1994)(distinguished)
  • Francis v. State, 275 Ga. App. 164, 165(1), 620 S.E.2d 431 (2005)(followed)
  • State v. Harden, 267 Ga. App. 381, 383, 599 S.E.2d 329 (2004)(followed)
  • United States v. Chanthasouxat, 342 F.3d 1271, 1280(IV)(A)(iii)(b) (11th Cir. 2003)(distinguished)
  • State v. Stilley, 261 Ga. App. 868, 871, 584 S.E.2d 9 (2003)(followed)
  • Strickland v. State, 265 Ga. App. 533, 539, 594 S.E.2d 711 (2004)(followed)

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