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State v. Mathis

Certain of the trial judge's remarks indicated that the grant of the defendant's motion to suppress all evidence obtained as a result of a traffic stop may have resulted, at least in part, from the State's failure to meet the trial judge's own preferred test with regard to the interpretation and application of O.C.G.A. § 40-8-23 subsection d, which states that vehicle license plates must be illuminated.

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The state accused Justin Mathis of crimes in connection with circumstances pertaining to a traffic stop of his vehicle. Mathis filed a motion to suppress all evidence obtained as a result of the stop, arguing that the stop was illegal. The state argued that the stop was lawful because Mathis had no light illuminating his license plate – a violation of OCGA § 40-8-23 d. The trial court conducted a hearing, then granted the motion. The state appeals. For reasons that follow, we vacate the judgment and remand the case for reconsideration.

Pursuant to OCGA § 17-5-30 b, the burden of proving that the search and seizure were lawful shall be on the state. Accordingly, it is the state’s burden to establish the existence of circumstances constituting an exception to the general prohibition against warrantless searches and seizures.1

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