Attorney Harold J. Choate, III successfully argues a Motion to Suppress evidence seized during an illegal detention.
Mr. Choate represented a defendant for possession of drugs. The defendant was stopped by an officer for an alleged seat belt violation. The officer began interrogating the defendant with questions totally unrelated to the seat belt violation. The defendant was quizzed about his previous whereabouts and was asked by the officer what he had done wrong. The Court of Appeal of Georgia granted Mr. Choate’s Motion to Suppress ruling that the evidence was seized during an unlawful detention and the defendant’s consent to search his person was the product of the illegal detention and not valid.
The Court of Appeals of Georgia opinion is State v. Gibbons.