The Georgia

Court of Appeals has upheld a decision by Fayette State Court Judge Fletcher

Sams to suppress key evidence in a DUI case from Peachtree City that originated

when a police officer pulled over a motorist for apparently driving his

truck without an auto tag.

Sams had ruled

the police officer's investigation should have stopped after the officer

exited his vehicle and noticed a valid temporary tag was properly displayed

on the vehicle.

Instead, the

officer approached Joshua K. Swords' truck and asked for his license and

insurance information, according to court documents. As the officer spoke

to Swords, he "detected a strong odor of alcoholic beverage"

according to court documents.

Since the officer

knew moments before that Swords' tag was valid, and Swords was not seen

driving in an illegal and safe manner, the continued investigation was

illegal, Sams ruled.

The officer's

actions "exceeded the scope of the top for driving with no tag,"

Sams wrote in his ruling. "The subsequent detention and investigation

of the defendant were therefore illegal."

The order suppressed

evidence in the case including the breath test result of Swords' blood

alcohol concentration as well as the results of his field sobriety tests

and any statements he made to police.

State Court

Solicitor Steve Harris appealed the ruling, arguing that a Georgia law

required the officer to determine whether Swords had a valid driver's

license and proof of insurance.

But Sams' ruling

to supress the evidence was valid since a police officer must have "reasonable

suspicion" of criminal activity to question and detain a suspect

for reasons other than the person was stopped for, the appeals court ruled.

The officer

"was authorized to stop Swords because he reasonably suspected that

Swords' vehicle bore an invalid tag," according to the appeals court

ruling. "... Once the suspicion of unlawful conduct evaporated, he

was not authorized to continue the detention in order to investigate other

potential violations of the law."

Swords, who

lives in Fayetteville, was represented by attorneys George C. Creel and

Jay M. Jackson of Forest Park.

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