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McNeece v. State

The officer who was on the lookout for any white van in the area lacked probable cause to stop the defendant just because he was driving a white van.

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Tommy Ladale McNeece stands charged with driving under the influence of alcohol to the extent that it was less safe to drive, OCGA § 40-6-391 a 1; driving under the influence of alcohol with an alcohol concentration of 0.10 grams or more, OCGA § 40-6-391 a 5; and habitual violator, OCGA § 40-5-58 c. After a hearing, the trial court denied McNeece’s motion to suppress. Following our grant of his application for interlocutory review, McNeece appeals, contending that his motion to suppress was technically sufficient and that the trial court erred in concluding that the traffic stop which resulted in his arrest was legally permissible. We agree and reverse.

1. McNeece moved to suppress the results of breath, blood or urine tests, his performance on field sobriety tests, and evidence of his refusal to submit to any test. The trial court found that McNeece’s motion did not state facts showing the search and seizure were illegal and therefore failed to meet the statutory requirements for a motion to suppress. OCGA § 17-5-30 b provides a motion to suppress “shall be in writing and state facts showing that the search and seizure were unlawful.” With respect to warrantless searches, the Georgia Supreme Court noted

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