Brown v. State

Hunstein, Justice.

Brown appeals from the denial of his motion to suppress evidence. Because the search of Brown’s car did not come within any of the exceptions that authorize a warrantless search, we reverse.

At the hearing on the motion to suppress, DeKalb County Police Officer Richardson testified that he was on patrol on Candler Road while it was raining when an on-coming car failed to activate its headlights after the officer flashed his high beams at the car. The officer turned around after the car to determine whether the driver was DUI or had inoperable headlights. Although the speed…