# Radowick v. State

> Court of Appeals of Georgia · February 14, 1978 · 145 Ga. App. 231

URL: https://www.frixlaw.com/law-library/cases/9587402

## Case

- **Full name:** Radowick v. the State; Ladd v. the State
- **Court:** Court of Appeals of Georgia
- **Decided:** February 14, 1978
- **Citations:** 145 Ga. App. 231; 244 S.E.2d 346; 1978 Ga. App. LEXIS 1932
- **Precedential status:** Published
- **Opinion:** Concurrence by Banke
- **Judges:** Quillian, Shulman, Banke
- **Cited by:** 81 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9587402

## Opinion text

Banke, Judge,
concurring specially.
I cannot agree with everything stated in the opinion, but do concur in the judgment. The "Terry-type” stop was fully authorized, but the record indicates the stop apparently was made prematurely. The investigative forces summoned had no advance notice and seemingly were ill prepared to conduct an investigation that would produce sustainable probable cause within the short detention period authorized by Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) and its progeny. Further, probable cause existed; but unfortunately it was not determined until after arrest and consent. It cannot be ascertained from the record as to the exact number of minutes that elapsed between stop and arrest. It can be determined, however, that it was in excess of 40 minutes. In the circumstances of this particular case, that was far too long. The temporary detention was slowly transformed into an illegal arrest.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9587402. Public record. Not legal advice.