- In today’s post, we discuss what happens when Georgia police break the law. If the police stop you for something that wasn’t actually illegal, can you be charged with evidence for other crimes that they later discover? The short answer is no – unless it was “objectively reasonable” for the officer to believe you were breaking the law. It doesn’t matter if the official himself thought it reasonable. Rather, it depends on whether it was factually appropriate.
State vs. Cartwright
In the case of State v. Cartwright, an officer stopped a vehicle because its center brake light was out. 329 Ga. App. 154 (2014). After approaching the car, the officer noticed the smell of alcohol on the defendant’s breath and later arrested him for DUI. The defendant filed an application for a cease and desist on the grounds that there was no reasonable suspicion for the cessation. The vehicle in question had two working side brake lights, but the center brake light was off. The officer believed that the law requires all manufacturer brake lights to function in accordance with Georgia Code 50-8-25(b).
The trial court found that although the officer believed that turning off the center brake light was a violation of the law, the officer was wrong. The court granted the request for suppression on the grounds that there was no violation of law and that the officer was wrong. However, the appeals court overturned the trial court’s decision because the officer “had a good faith belief that Cartwright violated Georgia Code 40-8-25(b).” The conclusion at Cartwright was that a stop can still be legal even if the officer misunderstands the law, as long as the error was “in good faith”.
Abercrombie vs State
In Abercrombie v. State, an officer stopped a vehicle because it was missing an inside rearview mirror. Again, the court found that the officer had misinterpreted the law. And it was also noted that the officer “initiated the stop in good faith based on a reasonable belief that these statues were violated.” However, rather than relying on the argument in State v. Cartwright, it cited new precedent that requires an official’s error of law to be “objectively reasonable.” In essence, the new test is an “objective” rather than a “subjective” standard. Ultimately, in Abercrombie, the court concluded that “the officer’s error of law was not objectively substantiated and therefore could not provide the reasonable, articulate suspicion necessary to justify a traffic stop.” The stop was illegal.
Importantly, the Abercrombie decision specifically challenged the Cartwright conclusion. The court argued that “it is debatable whether State v. Cartwright. . . continues to retain any precedent.”
Bring away
The important takeaway from these cases is that an officer’s belief in the law must be objectively reasonable for stopping a vehicle to be legal. If stopping the vehicle was not legal, your attorney can file a request for suppression. A request for suppression can bar evidence in court and even result in the dismissal of the entire case. If you have resisted arrest following an unlawful arrest, you are also entitled to self-defense and immunity from prosecution. If you feel like you’ve been stopped illegally, speak to an experienced attorney today to discuss your options!
