Citation: 288 Ga. 165, 166–167, 702 S.E.2d 198
Year decided: 2010
Facts: On the night of September 12, 2006, several DeKalb County officers were dispatched to an apartment complex in Stone Mountain, GA on a possible stolen vehicle report. Upon arrival, contact was made with the complainant Earl McCord along with several other residents of the complex. After interviewing all parties present, it was concluded that the vehicle had not been stolen but had in fact had been involved in a hit and run accident. The occupants of the vehicle were discovered to be friends and relatives of the complainant who lived in apartments #38 and #40. One known subject in particular was a Lorenzo Mathews, who was wanted for questioning in a shooting incident at a nearby apartment complex as well as for assaulting an officer. Mathews was also known to be armed. As Sgt. Bert and two other officers’ knocked on the door of apartment #40, Officer’s Thompson and Knock were advised to wait in the rear in case anyone should attempt to leave. As the back door swung open, Mathews came running out with an object in his hand while pointing towards Officer Thompson. Both Thompson and Knock mention that they believed the …show more content…
The ruling to suppress the statements given by Thompson was considered with the case of Garrity v New Jersey (1967) in mind. This particular case sought the protection against coerced confessions under the Fourteenth Amendment which prohibits the use in subsequent criminal proceeding of the confessions obtained from public officers under a threat of removal from office. As a result of the Supreme Court’s ruling, Officer Thompson’s statements in reference to the incident in question were suppressed and could not be used against him at trial. As quoted by District Attorney Robert James, “Without his statements, it would be next to impossible to prove whether he believed the victim had a weapon or didn’t have a weapon” (Rankin,