Tabor v. State
Tabor v. State
Opinion of the Court
Appellant/defendant Robert L. Tabor appeals the trial court’s denial of his motion to suppress all evidence gathered as a result of his arrest. Defendant contends his arrest by an Emory University (“Emory”) security officer was illegal because he did not enter Emory’s campus at any time. *
At the time defendant was arrested, he was traveling eastbound on North Decatur Road. An Emory security officer was also travelling in the same direction on North Decatur Road and observed the defendant cross over the centerline several times before the security officer stopped defendant near the intersection of Burlington and North Decatur Roads. The officer arrested defendant for driving under the influence, failure to maintain lane, and fleeing and attempting to elude.
In deciding whether defendant’s arrest was legal, we are guided by Chapter 8 of Title 20 which governs campus policemen. In that chapter college or university is defined as “an accredited, nonproprietary, public or private educational institution of higher learning located in this state.” OCGA § 20-8-1 (3). Emory clearly falls within that definition. “Educational facility” is defined as including a college or university. Id. at (4). Campus is defined by that Code section as
The arresting officer testified he was certified as required by OCGA § 20-8-3 and authorized by Emory to exercise law enforcement powers. He also testified that the arrest occurred within 500 yards of property belonging to Emory; the arrest was therefore within Emory’s campus as that term is defined by OCGA § 20-8-1. Accordingly, defendant’s arrest was proper and the trial court correctly denied defendant’s motion to suppress.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.