Jerry Arroyo, charged with cocaine trafficking, sought to suppress evidence from an apartment warrant, arguing it relied on an unlawful drug-dog sniff inside his home’s curtilage. The trial court denied the motion after the jury was sworn, then, after the State rested, granted suppression and declared a mistrial. The State appealed under OCGA § 5-7-1 (a) (4), which permits appeals from suppression orders only when the motion was both made and ruled on before the jury is impaneled or jeopardy attaches, whichever occurs first. The Court of Appeals affirmed the suppression ruling. The Supreme Court of Georgia vacated that judgment, holding that the statute did not authorize the State’s appeal and the Court of Appeals therefore lacked jurisdiction to reach the merits. The motion was filed before trial but not decided until after jeopardy attached; the later mistrial did not retroactively make the ruling pretrial. The court rejected the State’s request for a judicial exception. It remanded with direction for the Court of Appeals to return the case to the trial court for further proceedings consistent with the opinion; it did not decide the suppression merits.