SMITH v. STATE

No. A00A1015.

538 S.E.2d 517 (2000)

245 Ga. App. 613

SMITH v. The STATE.

Court of Appeals of Georgia.

August 21, 2000.


Attorney(s) appearing for the Case

Steven A. Cook, Marietta, for appellant.

Patrick H. Head, District Attorney, Laura J. Murphree, Maria B. Golick, Dana J. Norman, Assistant District Attorneys, for appellee.


RUFFIN, Judge.

James Edward Smith, Jr. was convicted of being a habitual violator for operating a motor vehicle after receiving notice that his license had been suspended. He appeals the denial of his motion to suppress, arguing that the traffic stop was not supported by articulable suspicion. For reasons discussed below, we reverse.

Officer Perry Foutz of the Cobb County Police Department testified that he was on patrol shortly after midnight on November...

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