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State v. Harden

5/12/2004

puty had a reasonable, articulable suspicion to justify an investigative traffic stop. [FN8] FN8. See Thomason v. State, 268 Ga. 298, 301(2)(a), 486 S.E.2d 861 (1997) (officer knew driver's gender and race, and color, manufacturer, model, and model year of the car); Shorter v. State, 239 Ga.App. 625, 626(1), 521 S.E.2d 684 (1999) ("officer was looking for a blue Cadillac with four black men"). Finally, we conclude that the trial court erred in ruling that the deputy's failure to observe Harden commit any traffic offenses *383 warranted a finding that the deputy lacked articulable suspicion of criminal activity. [FN9] FN9. See State v. Gomez, 266 Ga.App. 423, 425-426(3), 597 S.E.2d 509 (2004). A dispatcher who reports a crime at a specified location gives police an articulable suspicion to investigate and detain individuals at the scene, particularly where police observations on arriving at the scene corroborate the dispatcher's report. Even if the dispatcher's information comes from a citizen or an unidentified informant, the investigatory detention is valid, for patrolling officers are not required to question dispatchers about the source of the information. Further, corroboration only solidifies the existence of an articulable suspicion. [FN10] FN10. Id., citing Brown v. State, 253 Ga.App. 741, 742-743(1), 560 S.E.2d 316 (2002). In the case sub judice, the deputy spotted the vehicle and driver matching the description given by the dispatcher as soon as the dispatcher transmitted the lookout call. Moreover, the deputy observed the vehicle and driver leaving the precise location where a tipster said the intoxicated person would be driving. The deputy's corroboration solidified the existence of an articulable suspicion, and he "was not required to ... wait until he actually observed [Harden] committing a crime." [FN11] FN11. (Citations omitted.) Gomez, supra. Judgment reversed.

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