Georgia v. Walker
Annotate this CaseAs the Court of Appeals characterized this case on appeal, Appellant Ernest Walker, Sr. contended that he was subjected to an investigatory detention when an officer stopped him as he stepped off the premises of an elementary school and instructed him to remove his hands from his pockets. Walker argued that the officer lacked a particularized and objective basis for suspecting that he was involved in criminal activity, as required for such a stop, and that, in the absence of any reasonable, articulable suspicion of criminal activity, he was entitled to refuse to comply with the officer's demands and to end the encounter by running away from the officer. Because the officer lacked a reasonable, articulable suspicion of criminal activity, Walker contended, the detention violated his Fourth Amendment right to be free from unlawful searches and seizures, and the trial court erred in denying his motion to suppress a quantity of cocaine and other drug-related items that were obtained as a result of the illegal detention. The Court of Appeals determined that the officer lacked articulable suspicion. The Supreme Court disagreed, reversed, and affirmed the trial court's conviction.
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