State v. Savage Book Reviews

State v. Savage by Court of Appeals of Georgia Book Summary

Defendant Savage was charged by accusation with driving under the influence of alcohol. The trial court granted defendant's motion to suppress the results of an intoximeter test, finding that the arresting police officer failed to show that he had a reasonable articulable suspicion of criminal activity to justify the stop of the vehicle. The State appeals from that order, contending that the trial court erred in finding that the stop was unauthorized. Shortly past 2:00 a.m. on Thursday, May 21, 1992, Officer Smith was on foot patrol in a ""known drug area."" Smith observed defendant driving a truck through the area several times over a 15-minute period. After seeing the truck three times, Smith observed the truck pull over to the curb and stop. A pedestrian approached the passenger side of the truck, spoke briefly with defendant and made a gesture which alerted defendant to the officer's presence. Apparently, defendant drove away after being alerted to the presence of Officer Smith. Smith radioed another officer who was also patrolling the area and told him to stop the truck if he saw it. Pursuant to this request, a traffic stop was made of the truck which resulted in the charge of driving under the influence of alcohol against defendant.

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