|
In Georgia, as elsewhere, a second tier encounter is somewhat different than a first tier
encounter. An officer must have what is called a Reasonable
Articulable Suspicion that you either are or are about to engage in
criminal activity.
A
common example of Reasonable Articulable Suspicion arises when an
officer observes a vehicle "weaving within its lane of travel." This
is not a violation of the law. However, Georgia Appellate Courts
have said that if the officer has training that indicates a driver
who commits this act might be DUI, then that is Reasonable
Articulable Suspicion to stop the car.
If the officer has this Articulable Suspicion, then he can briefly
detain you to question you. In certain circumstances he might be
able to conduct a "pat down" search. It is possible that your words
or conduct during this brief detention could provide him with
probable cause to search you. If he finds contraband, you will be
arrested.
It is important to remember that the officer must be able to come to
court and articulate what his reasonable suspicion was. He must have
a legally permissible suspicion. His failure to communicate a
reasonable suspicion in court would result in the case being
dismissed.
Quick Link
to our online questionnaire.
 Back Next
|
