Black v. State

In Black v. State, 281 Ga. App. 40 (635 SE2d 568) (2006), officers were watching the Blacks' house based on information of drug activity. The Blacks' son left the house in a truck with two friends, and officers followed. When the truck pulled into a gas station, two patrol cars pulled in after it. Black saw the patrol cars and started to walk away from the gas station toward some woods. When one of the officers tried to question him, Black ignored him at first but then became belligerent and told the officer that he had no right to speak to him. Id. at 40-41. The officer then grabbed Black and arrested him for obstruction. Id. The Court held that because Black's only actions were to leave his home, go to a gas station, and refuse to respond to the officer's questioning, the officers had no basis for suspecting criminal activity. Black, supra at 44.