State v. Mathis
State v. Mathis
Dissenting Opinion
dissenting.
Because I believe the police officer lacked antecedent probable cause for an arrest, and since a search "incident to” that arrest would therefore be invalid, I would affirm the trial court. I must, therefore, dissent.
At a hearing on the motion to suppress, the state
Near the end of the hearing the following exchange took place during cross examination of the officer by defense counsel: "Q. Have you ever seen him [the defendant] sell drugs before? A. No sir. Q. But you know he is a drug dealer? A. That is correct, sir. Q. All right sir, do you usually make arrests by hunches? A. No, sir. Q. You usually have facts on which to base them? Base your arrest on? A. Yes, sir. Q. Where were your facts in this case? A. In this particular case I used my intuition. Q. Intuition? A. That’s correct. Q. Okay, this came from your police experience? A. Yes, sir.”
After hearing this undisputed evidence that the officer acted on his intuition in making the arrest, the court granted the defendant’s motion to suppress. It would be a surprising, indeed, historic, departure from the existing body of Fourth Amendment doctrine for this court to hold that a police officer’s intuition can provide the probable cause for an arrest. Where has gone our concern for the concrete facts, articulable suspicions, reliable informants, exigent circumstances, impartial magistrates, and the whole panorama of concepts designed to safeguard personal security and liberty, if we are to allow an arrest — the ultimate interference with personal freedom — based merely upon an experienced police officer’s intuition?
I am authorized to state that Presiding Judge Quillian joins in this dissent.
Opinion of the Court
This is an appeal by the state from an order of the trial court sustaining defendant’s motion to suppress evidence seized from defendant’s person based on a warrantless arrest.
On September 15, 1976, a Savannah police officer
The facts and circumstances here reveal that the arresting officer had probable cause at the time to believe that defendant was committing the offense of unlawful possession and sale of drugs and therefore had the authority to make a permissible warrantless arrest. Code § 27-301; Brice v. State, 129 Ga. App. 535 (199 SE2d 895). The accompanying incident search and seizure was likewise lawful. Code § 27-301. The trial court erred in granting the motion to suppress.
Judgment reversed.
Reference
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- The State v. Mathis
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