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Supreme Court of Georgia
Jane Hansen, Public Information Officer 244 Washington Street, Suite 572 Atlanta, Georgia 30334 404-651-9385 hansenj@gasupreme.us

SUMMARIES OF OPINIONS
Published Monday, May 7, 2012 Please note: Opinion summaries are prepared by the Public Information Office for the general public and news media. Summaries are not prepared for every opinion released by the Court, but only for those cases considered of great public interest or in which a Justice dissented or the Court reviewed a case from the Court of Appeals. Opinion summaries are not to be considered as official opinions of the Court. The full opinions are available on the Supreme Court website at www.gasupreme.us .

JONES V. THE STATE (S11G1054) The Supreme Court of Georgia has reversed a Georgia Court of Appeals ruling, which had upheld a man's conviction in Coweta County for Driving Under the Influence (DUI). Under today's unanimous ruling, Chief Justice Carol Hunstein writes for the court that the actions of the arresting officer constituted an unreasonable seizure as the officer had no reasonable suspicion the man was breaking the law when he stopped him. "A person is seized by the police and thus entitled to challenge the government's action under the Fourth Amendment when the officer, by means of physical force or show of authority, terminates or restrains his freedom of movement, through means intentionally applied," the opinion says, citing the U.S. Supreme Court's 2007 decision in Brendlin v. California. According to briefs filed in the case, on March 14, 2009, the Georgia State Patrol was conducting a roadblock when Trooper J.T. McMillan observed a sport utility vehicle (SUV) turn abruptly into a parking lot about 30 yards short of the roadblock. Concerned the driver was attempting to avoid the roadblock, McMillan activated his blue lights, drove to the parking lot and parked his car so that it blocked the SUV as it tried to exit. Meanwhile, a driver of a truck had also turned into the parking lot and was driving toward the same exit. Driven by Michael Jones, the truck pulled up behind the SUV. The trooper approached the SUV and asked the driver why she had pulled into the lot. She said she thought there had been an accident and was turning around to avoid it. McMillan decided there was no need to keep her, but before moving his vehicle, he went back to ask Jones the same question. As he approached, Jones rolled down

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his window, and McMillan smelled a strong odor of alcohol and marijuana. He told Jones to remain where he was then moved his vehicle so the SUV could leave. McMillan then had Jones get out of the truck, at which time he observed Jones' eyes were bloodshot, his speech slurred and he swayed while standing. Following field sobriety tests, McMillan arrested Jones. Jones' attorney filed a motion to suppress the evidence, arguing that the officer had initiated the traffic stop without reasonable suspicion that Jones had done anything illegal. He also filed a motion asking the court to issue an out-of-state subpoena to CMI, Inc.

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Georgia Law