Brantley v. State

31 Citing cases

  1. Buchnowski v. State

    233 Ga. App. 766 (Ga. Ct. App. 1998)   Cited 10 times

    216 Ga. App. 93, 95 (7) ( 453 S.E.2d 35) (1994). See Brantley v. State, 226 Ga. App. 872, 873 (1) ( 487 S.E.2d 412) (1997) ("when an officer sees a traffic offense occur, a resulting traffic stop does not violate the Fourth Amendment"); State v. Diamond, 223 Ga. App. 164, 166 ( 477 S.E.2d 320) (1996) (driver weaving in and out of lane is reasonable grounds for stop); Huff v. State, 205 Ga. App. 557 ( 422 S.E.2d 664) (1992) (same). 156 Ga. App. 404 ( 274 S.E.2d 770) (1980) (defendant was only seen weaving within his lane).

  2. Williams v. State

    293 Ga. App. 842 (Ga. Ct. App. 2008)   Cited 3 times

    (Citation and punctuation omitted.) Id. See also Brantley v. State, 226 Ga. App. 872, 874 (2) (b) ( 487 SE2d 412) (1997). Contrary to Williams's assertion, the subjective opinion of the officer concerning whether the suspect's detention constituted a custodial arrest is not controlling.

  3. Davis v. State

    236 Ga. App. 32 (Ga. Ct. App. 1999)   Cited 12 times

    Moreover, the state constitutional question, although raised in the written motion, was not explicitly ruled on below, which also precludes review. 226 Ga. App. 872, 873 (1) ( 487 S.E.2d 412) (1997). See Whren v. United States, 517 U.S. 806 ( 116 SC 1769, 135 L.E.2d 89) (1996) (pretextual stops are not prohibited by the Fourth Amendment where police observe traffic violation).

  4. Miller v. State

    288 Ga. 286 (Ga. 2010)   Cited 88 times
    Concluding that, where the “trial court explicitly questioned the bases presented as the purpose for the stop of [the accused],” “credibility determinations played a significant part in the trial court's [suppression] ruling,” and thus, “[t]his credibility question lies at the very core of the trial court's ruling, and it should not be negated by [the appellate court]”

    It is well established that an appellate court, when reviewing a ruling on a motion to suppress, must accept the implicit as well as the explicit findings of the trial court unless they are clearly erroneous. Brantley v. State, 226 Ga.App. 872, 873(2)(a), 487 S.E.2d 412 (1997); Garcia v. State, 207 Ga.App. 653, 654(1)(a), 428 S.E.2d 666 (1993). See also State v. Davis, 261 Ga. 225, 226, 404 S.E.2d 100 (1991).

  5. Gonzalez v. State

    683 S.E.2d 878 (Ga. Ct. App. 2009)   Cited 3 times
    Rejecting defendant's argument that the stop of his car for a traffic violation was illegal “because officers followed him with the admitted intent of stopping him for a traffic violation so that they could conduct a drug investigation”

    " Defense counsel agreed that his objection was the same as the one that was already ruled on by the court, and referred the trial court to his earlier arguments made in the suppression hearing and a post-hearing letter brief — none of which raised the Miranda issue enumerated here. Because the specific argument raised here was not argued to or ruled upon by the trial court, it has not been preserved for review. See Williams v. State, 270 Ga. App. 480, 481-482 ( 606 SE2d 671) (2004); Brantley v. State, 226 Ga. App. 872, 873 (1) ( 487 SE2d 412) (1997). 3. Gonzalez contends the trial court erred by denying his motion to strike for cause a prospective juror who lacked English language proficiency.

  6. State v. Menezes

    286 Ga. App. 280 (Ga. Ct. App. 2007)   Cited 17 times
    Assessing the probable cause to search the vehicle based on the totality of the circumstances at the time of the stop, including the conflicting answers given by the defendant

    We agree that under the totality of the circumstances the officers had probable cause to search Andrade's car. When the arresting officer observed a traffic violation, he was authorized to initiate a traffic stop. Chang v. State, 270 Ga. App. 814, 816 ( 608 SE2d 283) (2004); Brantley v. State, 226 Ga. App. 872, 873 (1) ( 487 SE2d 412) (1997). There is no evidence in this case that the arresting officer unreasonably detained Menezes beyond the time required to issue Andrade a traffic citation.

  7. Goodman v. State

    613 S.E.2d 190 (Ga. Ct. App. 2005)   Cited 2 times

    Ruffin, C.J., and Barnes, J., concur. See Martinez, supra; Brantley v. State, 226 Ga. App. 872, 873-874 (2) (a) ( 487 SE2d 412) (1997); Ramsey v. State, 183 Ga. App. 48, 50 (1) ( 357 SE2d 869) (1987). JOHNSON, Presiding Judge.

  8. State v. Underwood

    572 S.E.2d 394 (Ga. Ct. App. 2002)   Cited 5 times

    Larocca's initial approach to and conversation with Underwood were permissible. This court gives great deference to trial courts' rulings on motions to suppress unless they are clearly erroneous. See, e.g., Brantley v. State, 226 Ga. App. 872, 873(2)(a) ( 487 S.E.2d 412) (1997). In this case we must conclude that the trial court clearly erred in granting Underwood's motion on the ground that an illegal stop occurred.

  9. Ross v. State

    255 Ga. App. 462 (Ga. Ct. App. 2002)   Cited 11 times
    Affirming under subsection (d)

    (Citation omitted.) Brantley v. State, 226 Ga. App. 872, 874 (2) (b) ( 487 S.E.2d 412) (1997). "Although the officer told defendant he was not under arrest at that time, we conclude that he was; a reasonable suspect, knowing that the officer had found the [gun], would not believe that he was free to leave or that his detention was only going to be temporary."

  10. Dorsch v. State

    564 S.E.2d 547 (Ga. Ct. App. 2002)

    Chiasson v. State, 250 Ga. App. 63, 64 (1) ( 549 S.E.2d 503) (2001); see Terry v. Ohio, 392 U.S. 1 ( 88 S.Ct. 1868, 20 L.Ed.2d 889) (1968). See Cotton v. State, 237 Ga. App. 18 ( 513 S.E.2d 763) (1999); Brantley v. State, 226 Ga. App. 872, 873 (1) ( 487 S.E.2d 412) (1997); Freeland v. State, 223 Ga. App. 326, 327 (1) ( 477 S.E.2d 633) (1996). Because the officer saw Dorsch violate a traffic law, the resulting traffic stop was permissible.