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Statev.Walker

CourtSupreme Court of Georgia
Docket No.S13G1793
DecidedOctober 20, 2014
Reporter295 Ga. 888; 764 S.E.2d 804; 2014 Ga. LEXIS 805
JudgesSupreme Court of Georgia; Presiding Justice Hines authored the opinion; Justice Benham dissented
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureOverruling PrecedentReversalDissent
Case Summary

Ernest Walker ran from a Warner Robins police officer who approached him near an elementary school while looking for a different suspect. The officer told Walker to remove his hands from his pockets; Walker did not comply, fled through backyards, and discarded crack cocaine and a pipe before the officer caught him. Walker argued that the command immediately created an investigative detention unsupported by reasonable suspicion, making the discarded items suppressible. The Supreme Court of Georgia held that a police command alone does not effect a Fourth Amendment seizure when the person does not submit to the asserted authority. Because Walker ran rather than submitting, he was not seized until the officer physically caught him, and the abandoned items were not the product of an unlawful seizure. The Court rejected contrary readings of earlier Georgia decisions and overruled them to the extent they treated an unheeded command as a seizure without submission. It reversed the Court of Appeals’ judgment and reinstated the denial of Walker’s suppression motion. Justice Benham dissented, agreeing with the Court of Appeals.

Opinion

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The Far Side
State v. Walker — The Atlanta Gleaner