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State v. Gehris

City police officers who witnessed defendant's collision outside city limits did not relinquish their authority to investigate that incident just because they asked a county officer to investigate it.

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A DeKalb County police officer investigated a traffic accident involving Peter Gehris. After the DeKalb officer released Gehris, two Doraville police officers further detained him to investigate whether he had been driving under the influence. Gehris was arrested and charged for this offense.1 Prior to trial, he moved to suppress the evidence of his intoxication. The trial court granted Gehris’ motion, finding that the Doraville officers lacked articulable suspicion to “re-seize” Gehris after he had been released by the DeKalb County officer. We find the trial court erred in its analysis and reverse and remand.

In reviewing a trial court’s decision on a motion to suppress, we construe the evidence most favorably to uphold the findings and judgment of the trial court.2 But where the evidence is uncontroverted and there is no question regarding the credibility of witnesses, we conduct a de novo review of the trial court’s application of the law to undisputed facts.3 Here, the material facts are undisputed.

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