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Adkinson v. State

The officer lacked sufficient information to believe that the defendant was engaged in illegal activity so as to provide a reasonable, articulable suspicion to justify the traffic stop, since the stop was based upon the defendant's conformity to a general pattern of behavior, not a particularized suspicion.

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After Andrew Jackson Adkinson was charged with possession of cocaine OCGA § 16-13-30 a, possession of marijuana less than an ounce OCGA § 16-13-2 b, giving false information to a police officer OCGA § 16-10-25, and driving with a suspended license OCGA § 40-5-121 a, he moved to suppress evidence obtained as a result of a police traffic stop of his vehicle. The trial court denied Adkinson’s motion, and this Court granted Adkinson’s application for interlocutory appeal. On appeal, Adkinson contends that the officer lacked a reasonable articulable suspicion to conduct the traffic stop. We reverse because the officer did not have a particularized and objective basis to suspect Adkinson of wrongdoing.

In reviewing the grant or denial of a motion to suppress, we construe the evidence in a light most favorable to upholding the trial court’s findings and judgment. When the trial court’s findings are based upon conflicting evidence, we will not disturb the lower court’s ruling if there is any evidence to support its findings, and we accept that court’s credibility assessments unless clearly erroneous. The trial court’s application of law to undisputed facts, however, is subject to de novo review.

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