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· 2/15/2002

Edgell v. State

Citations

  • 560 S.E.2d 532
  • 253 Ga. App. 775
  • 2002 Fulton County D. Rep. 561
  • 2002 Ga. App. LEXIS 204

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing denial of a motion to suppress because the pat-down was not supported with reasonable suspicion that defendant was armed or dangerous and was instead performed as an automatic and habitual practice by the officer
  • officer who does not suspect individual of any criminal activity has no authority to detain the individual
  • police officer not authorized to engage in automatic pat-down of passenger asked to exit a stopped vehicle
  • officer at traffic stop may not detain passenger in vehicle absent reasonable suspicion of criminal activity, and may not conduct a Terry pat-down absent reasonable belief that the passenger is armed and poses a danger
  • Terry pat-down not authorized where officer testified that he had no fear that defendant was either armed or engaged in criminal activity, but had performed search as matter of routine
  • officer not justified in patting down the defendant where officer testified he had no fear that the defendant was armed and the officer always patted down persons he asked to exit a car

Source: CourtListener parenthetical corpus (CC0).

Judges: Blackburn, Pope, Mikell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.