Atlanta, GA asked in Civil Rights and Criminal Law for Georgia

Q: Can police detain and search without reasonable suspicion in Georgia?

I fell asleep at a Circle K gas station in my parked vehicle after driving all night. The keys were not in the ignition. Police opened my door and detained me without explanation, saying someone had reported a possible overdose. Despite my assurances that I don't use drugs, they placed me in handcuffs and searched my vehicle without permission, finding a BB gun. I spent six days in jail for possessing a weapon as a convicted felon before charges were dropped. Was the police allowed to detain me without reasonable suspicion of committing a crime?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under Georgia law and the Fourth Amendment, police generally need reasonable suspicion that you've committed, are committing, or are about to commit a crime before detaining you. However, the "community caretaking" exception might apply in your case since officers responded to a report of a possible overdose, which presents an emergency situation where they're checking on your welfare rather than investigating a crime.

When police are performing a welfare check, they can legally open doors and briefly detain someone to ensure their safety. The subsequent search of your vehicle is more legally questionable - without your consent, police typically need probable cause to believe evidence of a crime exists before searching. The mere presence of you sleeping in a vehicle doesn't automatically create probable cause for a full search, even with your prior felony conviction.

You might have grounds to challenge both the detention and the search through a motion to suppress evidence, arguing that police lacked reasonable suspicion or probable cause. Since your charges were dropped, this might suggest the prosecutor recognized potential issues with how evidence was obtained. Consider consulting with a criminal defense attorney who can review the specific details of your case and advise on whether your Fourth Amendment rights were violated and if you have any potential civil claims related to the detention.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.