Hutto v. State

In Hutto v. State, 259 Ga. App. 238, 238-239 (576 SE2d 616) (2003), the Court held that an officer was authorized to approach a man who had stopped his motorcycle along a highway near midnight. Id. The officer was concerned that the motorcyclist needed assistance and that the stopped vehicle posed a potential hazard to other motorists. As the Court explained: Georgia recognizes three distinct levels or tiers of police-citizen encounters: verbal communications which involve no coercion or detention; brief "stops" or "seizures" which must be accompanied by a reasonable suspicion; and "arrests" which can only be supported by probable cause. In a first-tier verbal encounter, a police officer may approach a citizen, ask for identification, and freely question the citizen without any basis or belief that the citizen is involved in criminal activity, as long as the officer does not detain the citizen or create the impression that the citizen may not leave. As the Court consistently held, an officer's approach of a stopped vehicle and inquiry as to what is going on constitutes a first-tier communication, rather than a "stop" or "seizure" requiring reasonable suspicion. Id. at 239. In Hutto, the Court concluded that the officer's actions clearly fell "within the first level of police-citizen contact." Id. Further, we recognized that although the officer activated his blue emergency lights as he pulled behind Hutto, "given the late hour, the hazard presented by vehicles parked on the side of a dark highway, and the officer's offer of assistance, this fact did not create the impression that Hutto could not leave." Id. at 239-240 .