Vansant v. State
Vansant v. State
Opinion of the Court
Petitioner Vansant was charged with one count of driving under the influence of alcohol. His motion to suppress all evidence obtained subsequent to the stop of his vehicle was granted orally by the trial court just before trial. Although the State immediately filed a notice of appeal pursuant to OCGA § 5-7-1 (4), the trial court directed the prosecutor to proceed to trial and, upon the State’s refusal to do so, entered a directed verdict of acquittal. The Court of Appeals reversed (State v. Vansant, 208 Ga. App. 772 (431 SE2d 708) (1993)), and we granted certiorari.
Two witnesses testified at the hearing on the motion to suppress. One witness testified that he telephoned the police from an Albany restaurant around 1:15 a.m. on March 8, 1993 after seeing petitioner, who was in an obviously intoxicated state, enter a white, new-styled General Motors van, back into a pickup truck, and drive away without stopping. The eyewitness testified that he called the police immediately after the incident, gave his name and his current location, described the incident, identified appellant by name as the alleged perpetrator, described the van by its color and manufacturer, and gave the direction in which it left the restaurant.
The policeman who responded to a radio dispatch about the suspected hit-and-run testified that he knew only that the suspect vehicle was a white van. The officer testified that there were few vehicles on the road at 1:15 a.m. where he was patrolling and that he saw only one white van, approximately a mile from the scene of the reported hit-and-run, on a major thoroughfare leading from the restaurant. When the officer called for more information about the incident, he was told only that the driver was reported to be a white male named
1. While the trial court’s findings as to disputed facts in a ruling on a motion to suppress will be reviewed to determine whether the ruling was clearly erroneous (State v. Davis, 261 Ga. 225 (404 SE2d 100) (1991); Conyers v. State, 260 Ga. 506 (5) (397 SE2d 423) (1990)), where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review. See State v. Davis, supra at n. 1 (recognizing that the standard of appellate review may be different in a case where a trial court’s finding results from an application of the law to undisputed facts); State v. McBride, 261 Ga. 60, 65 (401 SE2d 484) (1991) (Hunt, J., concurring specially). Accord United States v. Forker, 928 F2d 365 (II) (11th Cir. 1991); United States v. Alexander, 835 F2d 1406 (II) (11th Cir. 1988). While we recognize that a trial court’s ruling frequently involves a mixed question of fact and law (State v. McBride, supra), such is not the case in the instant appeal. Accordingly, we will conduct a de novo review of the trial court’s ruling.
2. Although an officer may conduct a brief investigative stop of a vehicle (see Delaware v. Prouse, 440 U. S. 648 (99 SC 1391, 59 LE2d 660) (1979)), such a stop must be justified by “specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” Terry v. Ohio, 392 U. S. 1, 21 (88 SC 1868, 20 LE2d 889) (1968). See also United States v. BrignoniPonce, 422 U. S. 873 (95 SC 2574, 45 LE2d 607) (1975). The U. S. Supreme Court recognized the difficulty in defining “the elusive concept of what cause is sufficient to authorize police to stop a person,” and concluded that the essence of the elusive concept was to take the totality of the circumstances into account and determine whether the detaining officer has “a particularized and objective basis for suspecting the particular person stopped of criminal activity.” United States v. Cortez, 449 U. S. 411, 417-418 (101 SC 690, 66 LE2d 621) (1981). “This demand for specificity in the information upon which police action is predicated is the central teaching of [the Supreme Court’s] Fourth Amendment jurisprudence.” Terry v. Ohio, supra at 21, n. 18.
It is clear from the evidence adduced at the suppression hearing that the detaining officer did not have the requisite particularized basis for suspecting the driver of this particular white van of criminal activity. He did not have a particularized description of the vehicle; he did not know the direction in which the vehicle had left the scene of the purported hit-and-run; he had not observed criminal activity on the part of the person stopped; he had no knowledge or suspicion that the vehicle had been involved in other similar criminal behavior. See 3 LaFave, Search and Seizure, A Treatise on the Fourth Amendment (2nd ed.), p. 461, § 9.3 (d). The officer’s lack of specific information resulted in an unreasonable governmental intrusion.
“No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.” [Cit.]
Terry v. Ohio, supra at 9. We conclude, as did the trial court, that the grant of petitioner’s motion to suppress was appropriate.
3. We affirm the holding in Division 2 of the Court of Appeals’ opinion that the trial court erred in entering a judgment of acquittal after granting the motion to suppress.
Judgment affirmed in part and reversed in part.
Although the eyewitness’ motive for reporting Vansant’s behavior was brought into question on cross-examination (Vansant having represented the eyewitness’ ex-wife in divorce settlement enforcement actions against the eyewitness), there is no intimation in the hearing transcript that the information conveyed to the police was inaccurate, and it is uncontroverted that the police were unaware of any possible spiteful motive for the tip.
The officer did not radio in the license plate of the white van he was following in order to ascertain the ownership thereof.
Dissenting Opinion
dissenting in part.
I respectfully dissent to Division 2 of the majority opinion. The
The factors in this case represent four of the six factors Professor LaFave, in his treatise on search and seizure, has recognized as being taken into account by courts throughout the United States in making the judgment whether reasonable suspicion to conduct an investigatory detention existed. Those factors are as follows: (1) the particularity of the description of the offender or the vehicle in which he fled; (2) the size of the area in which the offender might be found, as indicated by such facts as the elapsed time since the crime occurred; (3) the number of persons about in that area; (4) the known or probable direction of the offender’s flight; (5) observed activity by the particular person stopped; and (6) knowledge or suspicion that the person or vehicle stopped has been involved in other criminality of the type presently under investigation. See 3 LaFave, Search and Seizure, A Treatise on the Fourth Amendment (2nd ed.), p. 461, § 9.3 (d).
Reference
- Full Case Name
- Vansant v. the State.
- Cited By
- 478 cases
- Status
- Published