Gary v. State

6 Citing cases

  1. Postell v. State

    630 S.E.2d 867 (Ga. Ct. App. 2006)   Cited 17 times

    In light of this record evidence, the trial court was entitled to find that the officer's initial approach and questioning of appellant was a level-one, noncoercive encounter. See Buchanan v. State, 259 Ga. App. 272, 272-274 ( 576 SE2d 556) (2003); Palmer v. State, 257 Ga. App. 650, 652 (1) ( 572 SE2d 27) (2002); Childress, 251 Ga. App. at 874-876 (1); Gary v. State, 244 Ga. App. 535, 536 (1) ( 536 SE2d 192) (2000); State v. Kaylor, 234 Ga. App. 495, 496-498 ( 507 SE2d 233) (1998); State v. Willis, 207 Ga. App. 76, 76-77 ( 427 SE2d 306) (1993). To the extent that appellant presented a different version of how the encounter played out, it was for the trial court, not this Court, to sit as the trier of fact, make credibility determinations, and resolve conflicts in the evidence.

  2. Kirkland v. State

    316 Ga. App. 310 (Ga. Ct. App. 2012)   Cited 1 times

    Likewise, the subsequent pat-down was proper because it was performed pursuant to Kirkland's consent, which the evidence shows he freely gave when requested by the officer. See Gary v. State, 244 Ga.App. 535, 537(2), 536 S.E.2d 192 (2000).A valid consent eliminates the need for either probable cause or a search warrant.

  3. Watson v. State

    587 S.E.2d 243 (Ga. Ct. App. 2003)

    Welborn v. State, 232 Ga. App. 837, 839 n. 2 ( 503 S.E.2d 85) (1998). See Gary v. State, 244 Ga. App. 535, 537(2) ( 536 S.E.2d 192) (2000). See id.

  4. State v. Cates

    574 S.E.2d 868 (Ga. Ct. App. 2002)   Cited 4 times

    "Under such "first tier" encounter, even when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual; ask to examine the individual's identification; and request consent to search — as long as the police do not convey a message that compliance with their requests is required." Gary v. State, 244 Ga. App. 535, 536 ( 536 S.E.2d 192) (2000). These requests to search made during the course of a first-level police-citizen encounter do not transform such an encounter into a second-tier Terry stop. An officer's request to search is not a seizure and does not require articulable suspicion. Stokes, supra at 232.

  5. Hooper v. State

    554 S.E.2d 750 (Ga. Ct. App. 2001)   Cited 7 times

    Accordingly, the trial court did not err in refusing to suppress evidence based on Pichard's initial contact with Hooper. See Gary v. State, 244 Ga. App. 535, 536 (1) ( 536 S.E.2d 192) (2000). (Punctuation omitted.)

  6. Perez v. State

    547 S.E.2d 699 (Ga. Ct. App. 2001)   Cited 13 times

    (Citations and punctuation omitted.) Gary v. State, 244 Ga. App. 535, 536 ( 536 S.E.2d 192) (2000). Terry v. Ohio, 392 U.S. 1 ( 88 S. Ct. 1868, 20 L.Ed.2d 889) (1968).