Legal Opinion

Johnson v. State

Court of Appeals of Georgia

Decided October 6, 2009No. A09A1141PublishedCited by 1 opinion

1Opinion of the Court

Miller, Chief Judge.

Following a bench trial, Joshua James Johnson was convicted of driving under the influence of alcohol, per se (OCGA § 40-6-391 (a) (5)). On appeal from his DUI conviction, Johnson contends that the trial court erred in denying his motion to suppress because he was unlawfully seized by a police officer who ordered him to leave his home. For the reasons set forth below, we find that Johnson was not unlawfully seized and affirm.

In considering an appeal from a denial of a motion to suppress, this Court construes the evidence in favor of the trial court’s ruling, and we review…

2Cases cited11 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. United States v. SantanaSupreme Court of the United States · 1976
  4. Arthur Knight v. Jacobson, Officer, Badge 3359, IndividualCourt of Appeals for the Eleventh Circuit · 2002
  5. Pickens v. StateCourt of Appeals of Georgia · 1997

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3Cited by1 opinion

  1. Jason Kerr and Jennifer Kerr v. City of Perry, Georgia, et al.District Court, M.D. Georgia · 2026

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