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Peters v. State

Officers were not authorized to stop and search the defendant just because he appeared nervous and hurried to his car when he saw the officers outside his apartment complex.

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Carlos Peters appeals from his conviction of possessing cocaine with the intent to distribute it. In this appeal, Peters argues 1 the trial court erred by denying his motion to suppress; 2 insufficient evidence supports his conviction; and 3 the trial court erred when it recharged the jury without notifying him or his counsel. For reasons that follow, we reverse.

The evidence presented during the motion to suppress hearing, and at trial,1 showed that two armed and uniformed DeKalb County police officers prevented Peters from getting into his car and leaving an apartment complex because they “observed a black male, the defendant, come out of a breezeway in a hurried fashion.” The officers testified that the breezeway from which Peters exited was known for heavy drug sales. When Peters saw the officers, he became very nervous and continued to hurry out of the complex toward his car. After stopping Peters and asking him for identification, Officer West reached into Peters’ pants and removed a “three to four-inch cookie-sized chunk” of crack cocaine and two bags of marijuana.

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