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State v. Maddox

The substance of a 911 call which was communicated to officers provided reasonable and articulable suspicion to perform an investigative stop of defendant's vehicle.

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The State Court of Gwinnett County granted Gregory Scott Maddox’s motion to suppress the results of a DUI investigation, finding that the stop of Maddox’s vehicle was not based on articulable suspicion. Because the substance of the 911 call communicated to the officers in dispatching them to the scene provided reasonable articulable suspicion to perform an investigative stop of Maddox’s vehicle, we reverse the judgment of the court below.

“Where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to the undisputed facts is subject to de novo review.1 Viewed in this light, the record reveals that at approximately 11:13 p.m., Gwinnett County Police Officers C. S. Boekel and M. D. Grap were dispatched to the Three Dollar Café pursuant to a call made by the manager, Kevin Egan, complaining that a man named “Stacey Phillips” was making trouble in the restaurant. Officer Boekel’s police report showed that Egan “told all communications” that Phillips “was causing problems, had been drinking, was possibly carrying a knife, and had a history of mental problems. Egan wanted the subject to leave and receive a criminal trespass warning.”

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