Home/Supreme Court of Georgia/State v. Carter

State v. Carter

242 S.E.2d 28, 240 Ga. 518, 1978 Ga. LEXIS 694
CourtSupreme Court of Georgia
DecidedJanuary 18, 1978
Docket32861
StatusPublished
Cited by20 cases

This text of 242 S.E.2d 28 (State v. Carter) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Carter, 242 S.E.2d 28, 240 Ga. 518, 1978 Ga. LEXIS 694 (Ga. 1978).

Opinions

Per curiam.

We granted certiorari to review the opinion of the Court of Appeals in Carter v. State, 143 Ga. App. 166 (237 SE2d 656) (1977), in which that: court reversed a finding of the. trial court denying a. motion to suppress. In its opinion, the Court of Appeals held the state "failed to show specific and articulable suspicion necessary to warrant a stop and frisk type search, exigent circumstances or probable cause for arrest. . .” The facts are set out in the foregoing opinion; however, several pertinent facts were omitted. When first spotted by Officer Blanott, the light-colored van was driving out of the rear parking lot of the Camp Creek Elementary School at 1:30 a.m. Monday morning. At the time the officer confronted appellees, he knew the high school nearby had been burglarized several times recently; he had been hired while off-duty with the police department to provide security for these schools and was patrolling them; and he had heard a police radio alert earlier concerning a similar colored van occupied by two men which was seen cruising a nearby subdivision and acting suspiciously.

We think these facts and circumstances sufficient to support the officer’s on-the-scene assessment of probable cause. The totality of circumstances confronting him, including the time, manner of operation, and place where the officer confronted appellees, created a justifiable suspicion concerning appellees’ conduct and warranted a limited investigative detention to determine if a burglary [519]*519had taken place. Brisbane v. State, 233 Ga. 339, 343 (211 SE2d 294) (1974). See Commonwealth v. Mimms, 370 A2d 1157 (Pa. 1977) revd. summarily, 54 LE2d 331 (1977); Benson v. Nebraska, 251 NW2d 659 (Neb. 1977), cert. den. 54 LE2d 93 (1977).

Submitted November 14, 1977 Decided January 18, 1978. Bryant Huff, District Attorney, Dawson Jackson, William P. Rowe, III, P. Samuel Huff, Assistant District Attorneys, for appellant. G. Hughel Harrison, for appellees.

Judgment of Court of Appeals reversed.

All the Justices concur, except Hall and Hill, JJ., who dissent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Shelton R. Thomas v. State
771 S.E.2d 255 (Court of Appeals of Georgia, 2015)
Webb v. State
722 S.E.2d 360 (Court of Appeals of Georgia, 2012)
Burns v. State
521 S.E.2d 217 (Court of Appeals of Georgia, 1999)
Morris v. State
520 S.E.2d 485 (Court of Appeals of Georgia, 1999)
Evans v. State
359 S.E.2d 174 (Court of Appeals of Georgia, 1987)
Minor v. State
350 S.E.2d 783 (Court of Appeals of Georgia, 1986)
Dillard v. State
341 S.E.2d 310 (Court of Appeals of Georgia, 1986)
State v. Turntime
318 S.E.2d 157 (Court of Appeals of Georgia, 1984)
Edwards v. State
315 S.E.2d 675 (Court of Appeals of Georgia, 1984)
Starr v. State
283 S.E.2d 630 (Court of Appeals of Georgia, 1981)
Jones v. State
275 S.E.2d 778 (Court of Appeals of Georgia, 1980)
State v. Avret
275 S.E.2d 113 (Court of Appeals of Georgia, 1980)
State v. Medders
266 S.E.2d 331 (Court of Appeals of Georgia, 1980)
Reese v. State
243 S.E.2d 650 (Court of Appeals of Georgia, 1978)
State v. Carter
242 S.E.2d 28 (Supreme Court of Georgia, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
242 S.E.2d 28, 240 Ga. 518, 1978 Ga. LEXIS 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carter-ga-1978.