· 3/8/2007
Stadnisky v. State
Citations
- 645 S.E.2d 545
- 285 Ga. App. 33
- 2007 Fulton County D. Rep. 756
- 2007 Ga. App. LEXIS 266
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting defendant’s argument that the State failed to prove defendant’s initial encounter with police was a “first-tier” encounter because initial officer did not testify where “there were abundant objective circumstances . . . that would have authorized a seizure”
- “a second-tier encounter may violate the Fourth Amendment if the officer briefly ‘stops’ or ‘seizes’ a citizen without reasonable suspicion”
- “The validity of the seizure depends not on the officer’s actual state of mind but on an objective assessment of his actions in light of all the facts and circumstances confronting him at the time.”
- “The validity of the seizure depends not on the officer’s actual state of mind but on an objective assessment of his 6 actions in light of all the facts and circumstances confronting him at the time.”
- a brief investigative detention of a driver, or “second-tier” police-citizen encounter, occurs when, in view of all the circumstances surrounding the incident, a reasonable person would believe that he or she is not free to leave
Source: CourtListener parenthetical corpus (CC0).
Judges: Mikell, Blackburn, Adams
Read full opinion on CourtListenerSourced 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.