Legal Opinion

State v. Day

Court of Appeals of Georgia

Decided April 27, 1999No. A99A0727PublishedCited by 6 opinions

1Opinion of the Court

Judge Harold R. Banke.

Charged with DUI, Harold Day successfully moved to suppress evidence obtained during his encounter with police. The State appeals, arguing (i) by the time the encounter progressed to a Terry stop, the officer had an articulable suspicion, and (ii) the encounter gave the officer probable cause to arrest Day.

Based on a tip received from a concerned citizen of a possible DUI, Officer Ramey drove up behind Day, who was sitting motionless in his truck on the side of the road, staring straight ahead. Day drove away, traveling approximately 500 feet until he turned into his…

2Cases cited6 opinions

  1. Vansant v. StateSupreme Court of Georgia · 1994
  2. McClain v. StateCourt of Appeals of Georgia · 1997
  3. Cann-Hanson v. StateCourt of Appeals of Georgia · 1996
  4. State v. KaylorCourt of Appeals of Georgia · 1998
  5. Waggoner v. StateCourt of Appeals of Georgia · 1997

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. People v. WalterAppellate Court of Illinois · 2007
  2. State v. CunninghamCourt of Appeals of Georgia · 2000
  3. Cox v. StateCourt of Appeals of Georgia · 2001
  4. Baynes v. StateCourt of Appeals of Georgia · 2008
  5. People v. WalterAppellate Court of Illinois · 2007

1 more not listed; retrieve them via the Exa API.

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