Legal Opinion · Dissent

Jones v. State

Court of Appeals of Georgia

Decided December 5, 1980No. 60138Published

1DissentSmith, Judge

In the watershed decision of Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968), the United States Supreme Court held that a limited “seizure” of an individual is constitutionally permissible where the police have “specific and articulable facts” giving rise to a “reasonable suspicion” of criminal activity. Today, in apparent disregard of these constitutional requirements, a majority of the Court of Appeals of Georgia upholds a wholly unwarranted “seizure” of an individual in his automobile. To this inexplicable aberration from basic principles of constitutional law, I respectfully…

2Cases cited9 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Brown v. TexasSupreme Court of the United States · 1979
  3. Fare v. Tony C.California Supreme Court · 1978
  4. Brisbane v. StateSupreme Court of Georgia · 1974
  5. Brooks v. THE STATECourt of Appeals of Georgia · 1973

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