Jamison v. State

Per curiam.

We granted certiorari in this case, Jamison v. State, 199 Ga. App. 401 (405 SE2d 82) (1991), to consider whether the Court of Appeals correctly affirmed the trial court’s denial of appellant Jamison’s motion to suppress. The facts of this case are set forth in the Court of Appeals’ opinion, and will only be reiterated here where necessary.

The majority of the Court of Appeals held that Jamison’s conduct in running two steps from the DEA agents, along with the circumstances that arose before Jamison ran, constituted probable cause to arrest Jamison. The majority therefore affirmed the trial court’s denial of Jamison’s motion to suppress. See Jamison, supra, 199 Ga. App. at 405 to 406. The dissenters to the majority opinion, however, believed that the circumstances existing before Jamison ran did not present any legal basis for arresting Jamison, id. at 408, and that Jamison’s flight of two steps

signified a consciousness of guilt no more clearly than it did a natural desire to avoid the persistence of an officer who refused to take “no” for an answer. Given the cooperation provided by appellant and his brother, their open acknowledgment of each other and their relationship, (cit.), the legal identification they produced, (cit.), and the lack of nervousness they displayed until Toles pressed for a body search, (cit.), appellant’s two running steps from the non-custodial presence of an officer who would not accept appellant’s refusal as an answer could not have warranted a man of reasonable caution in the belief that a felony had been committed. Wong Sun (v. United States, 371 U. S. 471 (83 SC 407, 9 LE2d 441) (1963)). “A contrary holding here would mean that a vague suspicion could be transformed into probable cause for arrest by reason of ambiguous conduct which the arresting officers themselves have provoked. [Cit.]” Id. at 484. [Jamison, supra, 199 Ga. App. at 409.] [Parentheticals supplied. Bracket in original.]

We find persuasive the Jamison dissenters’ conclusion that Toles did not have probable cause to arrest Jamison, and we therefore reverse the judgment of the Court of Appeals.

Judgment reversed.

All the Justices concur; Sears-Collins, J., not participating.