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Smith v. State

Citations

  • 653 S.E.2d 510
  • 288 Ga. App. 87
  • 2007 Fulton County D. Rep. 3437
  • 2007 Ga. App. LEXIS 1148

How courts have described this case

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

  • explaining that when faced with a situation where an officer physically restrains an individual by opening his or her car door, “a reasonable person would be compelled to conclude that he or she was not free to drive away and to leave”
  • officer forcibly opened defendant’s car door, thus physically restraining defendant’s movement and elevating stop beyond first-tier
  • although officers had received anonymous tips that defendant was engaged in drug activity, those tips had not been corroborated and no evidence showed reliability of tips
  • although officers had received anonymous tips that defendant was engaged in drug activity, those tips had not been corroborated and no evidence showed 5 reliability of tips
  • although defendant consented to search, it was direct product of preceding illegality
  • although defendant consented to search, it was direct product of preceding illegality

Source: CourtListener parenthetical corpus (CC0).

Judges: Bernes, Blackburn, Ruffin

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

8 cases in this archive are cited by this case.

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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.