State v. Winnie

1. In State v. Winnie, 242 Ga. App. 228 (529 SE2d 215) (2000), an officer saw a truck turn into the parking lot of a closed business at 4:00 a.m., and he decided to stop the truck because the occupants could have been there to commit a burglary. 242 Ga. App. at 229. As the officer entered the parking lot, however, the truck left. Id. The officer testified that he saw a truck enter and exit a closed facility's parking lot, and the officer decided to initiate a stop because the occupants could have been there to commit a burglary. Winnie, supra at 229. The trial court granted the motion to suppress, relying on the fact that the truck had begun to exit the parking lot when the officer approached. Id. at 230. The Court affirmed, noting that there was no claim that the truck had been parked or out of the officer's sight long enough for a burglary to occur. The Court reasoned that even if the officer suspected an attempted burglary, the basis for his suspicion disappeared when the truck started to leave the parking lot. Id. The trial court granted the motion to suppress, and we affirmed, noting that even if the officer suspected a burglary, the basis for his suspicion disappeared when the truck left the parking lot. Id. at 230. In State v. Winnie, sum, an officer saw a truck pull into the parking lot of a closed business at 4:00 in the morning. When the officer pulled in to investigate, the truck started to pull away, and the officer stopped it. The Court held that, although the officer might have suspected a potential burglary when the truck pulled into the closed business, the basis for such a suspicion disappeared when the truck began to leave. The Court upheld the trial court's determination that there was no evidence of flight, noting that the officer did not testify that the driver appeared to see the police vehicle. Id. at 230-231.