Legal Opinion

LBB, III v. State

Court of Appeals of Georgia

Decided May 30, 1973No. 48175PublishedCited by 11 opinions

1Opinion of the Court

Deen, Judge.

While a police officer may arrest for a crime committed in his presence, that is, of which he is aware through the use of his senses (Code § 27-207), and while there are circumstances under which he may momentarily detain and question a citizen, if he is acting upon reasonable and articulable suspicion which may yet not amount to probable cause to believe a crime is being committed (Brooks v. State, 129 Ga. App. 109), this gives him no right, where a crime is not being committed in his presence in such manner that it is known to him by the use of his senses, to stop a vehicle and…

2Cases cited3 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Brooks v. THE STATECourt of Appeals of Georgia · 1973
  3. Holtzendorf v. StateCourt of Appeals of Georgia · 1972

3Cited by11 opinions

  1. State v. ThompsonCourt of Appeals of Georgia · 2002
  2. Clarington v. StateCourt of Appeals of Georgia · 1986
  3. Barraco v. StateCourt of Appeals of Georgia · 2000
  4. Fuqua v. StateCourt of Appeals of Georgia · 1977
  5. State v. HandspikeCourt of Appeals of Georgia · 1977

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