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State v. Dukes

Citations

  • 630 S.E.2d 847
  • 279 Ga. App. 247
  • 2006 Fulton County D. Rep. 1508
  • 2006 Ga. App. LEXIS 512

How courts have described this case

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

  • holding that officers’ initial contact with defendant was first-tier encounter because they “did not seize [the defendant]; rather, they simply approached and questioned him without any seizure”
  • holding, in case in which police pursued defendant after he fled from tier-one encounter, that “the controlling question presented by this appeal is whether the officers had probable cause to arrest [the defendant] for obstruction” and determining that officers did not
  • defendant’s permissible flight from first-tier encounter with police followed by full-blown arrest and not an investigatory detention did not constitute obstruction
  • officers lacked probable cause to arrest defendant for obstruction based upon flight where defendant had the right to flee from first tier encounter
  • presence of defendant outside store referenced in tip did not give tip indicia of reliability
  • “record is devoid of any evidence about the details of the report of drug activity received by the patrol officer”

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnson, Miller, Ellington

Read full opinion on CourtListener

Cited by

37 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Other cases with this name

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.