Bishop, Howden v. State

In Bishop, Howden v. State 240 Ga. App. 139 (522 SE2d 279) (1999), the defendant was stopped late at night after exiting a deserted parking lot in an area known for criminal activity. Howden, supra at 140. The Court reversed the denial of the defendant's motion to suppress, finding that the officer's testimony proved "only that defendant's warehouse was in an area known for criminal activity and that a van was leaving this warehouse late at night." Id. at 141. The Court specifically noted therein that the officer did not articulate any particular fact indicating that the defendant was or was about to be engaged in criminal activity nor did he explain that crimes had been committed in the area. Id. at 140.