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Johnson v. State

The officer's reasonable suspicion of criminal activity justified a second-tier detention.

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Following a stipulated bench trial, Kathy Green Johnson appeals her DUI conviction. Johnson argues that the trial court erred by denying her motion to suppress evidence allegedly obtained as the result of an unlawful detention. We find no error and affirm. On appeal from the denial of a motion to suppress, we defer to the trial court’s findings of disputed facts but review de novo the court’s application of the law to the undisputed facts. Williams v. State , __Ga. App.__, 1 Case No. A09A0836, decided April 23, 2009. See Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. To the extent that the controlling facts in this case are undisputed because they are plainly discernable from the patrol car-mounted video recording, we review those facts de novo. Lyons v. State , 244 Ga. App. 658, 658-659 535 SE2d 841 2000.

The evidence presented to the trial judge during the motions hearing showed that Johnson was the owner of a daycare center in Carrollton, Georgia. On the day in question, police were dispatched to the daycare center after a 911 caller reported a violent domestic disturbance on the premises.

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