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State v. Martin

The arresting officer lacked probable cause to stop the defendant based on his observation of what appeared to be an argument between the defendant and his passenger involving flailing arms.

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Robert Martin was charged with driving under the influence and possessing methamphetamine. Martin moved to suppress evidence obtained during the traffic stop, and the trial court granted the motion. The State appeals. For reasons that follow, we affirm. “In reviewing a motion to suppress, the evidence is construed most favorably to uphold the trial court’s findings and judgment, and the court’s findings on disputed facts and credibility will be adopted unless they are clearly erroneous.”1 Where, however, the evidence presented on motion to suppress is uncontroverted and no question exists regarding witness credibility, we review de novo a trial court’s application of the law to the undisputed facts.2

Viewed in this manner, the evidence shows that on February 26, 2006, Corporal Brandon Gurley and another deputy from the Paulding County Sheriff’s Department were traveling northbound on Highway 61 when they saw Martin, driving southbound, in a pick-up truck. Both vehicles were traveling at approximately 55 miles per hour. According to Gurley, as he passed the truck, he witnessed what appeared to be “a pretty heated conversation” between Martin and the female passenger. Gurley stated that “their hands were flailing around in the vehicle. Their heads were jerking around as they were —it looked as if they were exchanging words and again flailing their arms around pretty aggressively inside the vehicle.” Gurley then turned around and initiated a traffic stop for a domestic dispute because he was concerned “for the occupants of the vehicle as well as the public on the road.”

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