Witcher v. State
Witcher v. State
Opinion of the Court
We granted Jarvis Witcher’s application for discretionary appeal following the revocation of his probation to determine whether the trial court erred in denying his motion to suppress evidence. Finding that the brief, investigatory detention of Witcher that led to his arrest was based on a reasonable suspicion of criminal conduct, we affirm the trial court’s order.
1. Witcher argues that the trial court erred in denying his motion to suppress because Officer Collins’ request that he put his hands on his head constituted an arrest without probable cause. Contrary to Witcher’s contention, the police did not need probable cause to arrest in order to approach and question him.
A police officer is authorized to make a brief, investigatory detention of an individual where the intrusion can be justified by specific, articulable facts giving rise to a reasonable suspicion of criminal conduct. What is demanded of the police officer ... is a founded suspicion, some necessary basis from which the court can determine that the detention was not arbitrary or harassing.1 '
In this case, the officers testified that they investigated Witcher and his companion in response to a call from an off-duty officer, who knew Witcher’s probationary status and suspected that he might be selling drugs. Corporal Elwood testified that the area is “frequented by individuals that sell and abuse narcotics” and that he had made several drug arrests there.
The trial court’s findings of fact following an evidentiary hearing
2. In addition, we note that Witcher waived his Fourth Amendment rights when he agreed to the following special condition of his probation:
Probationer shall submit to search of his person, vehicle, residence, and property with or without a warrant, at any time such request is made by probation staff, city, county, or state law enforcement officer and specifically consents to the use of anything seized as evidence in a proceeding to revoke probation or prosecution under criminal law violations of the state of Georgia.
A search of a probationer pursuant to the waiver is valid if it is triggered by conduct “reasonably suggestive of criminal activity.”
3. Witcher’s motion to withdraw the instant appeal is denied.
Judgment affirmed.
(Citations and punctuation omitted.) Jones v. State, 216 Ga. App. 449 (454 SE2d 631) (1995).
Reese v. State, 252 Ga. App. 650, 651 (1) (556 SE2d 150) (2001).
(Citation and punctuation omitted.) State v. Sapp, 214 Ga. App. 428, 432 (3) (448 SE2d 3) (1994).
Anderson v. State, 236 Ga. App. 679, 683 (4) (513 SE2d 235) (1999) (defendant’s flight at time of arrest was evidence of consciousness of guilt).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.