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State v. Zilke

In a matter of first impression, the Court held that O.C.G.A. § 17-4-23 authorizes a POST-certified campus police officer to arrest for a traffic offense committed in his presence beyond the territorial limits prescribed for campus police officers.

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The State appeals from the trial court’s order granting Bajrodin Zilke’s motion to suppress. Because the trial court erred in finding that Zilke was arrested without authority, we reverse.

Where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review. Citation, punctuation and footnote omitted. Sullivan v. State, 308 Ga. App. 114 706 SE2d 618 2011. The relevant facts are not in dispute here. The evidence shows that Decari Mason is a POST-certified police officer employed at Kennesaw State University KSU. At approximately 1:42 a.m. on May 5, 2013, Mason was returning to KSU after delivering an arrestee to the Cobb County Adult Detention Center. It was dark and raining heavily at the time.

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