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State v. Martin

The trial court erred in granting the defendant's motion to suppress evidence obtained following an officer's pre-arrest questioning of the defendant, because the questioning constituted a first tier police-citizen encounter and the officer, therefore, did not need articulable suspicion.

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Following his arrest and subsequent accusation for possession of marijuana OCGA § 16-13-30 j 1 and possession of a drug related object OCGA § 16-13-32.2 a, Charles Martin III filed a pretrial motion to suppress evidence obtained following pre-arrest questioning by a sheriff’s deputy. After a hearing on Martin’s motion, the State Court of Fayette County entered an order granting the motion to suppress. The State appeals, arguing that the deputy’s questioning of Martin, and Martin’s disclosure of incriminating evidence, did not elevate their encounter from a first tier police-citizen encounter to a second tier encounter requiring articulable suspicion. See OCGA § 5-7-1 a 4. We agree and reverse.

As a threshold matter, our review of a trial court’s order concerning a motion to suppress evidence is governed by three fundamental principles:

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