An “improper stop” led to the arrests of a 32-year-old man and a 21-year-old man on multiple charges, most of them related to the alleged sex trafficking of a 16-year-old girl.
The men allegedly trafficking a 16-year-old girl who was recovered in August 2023 following a joint investigation by the Greene County Sheriff’s Office, the Taliaferro County Sheriff’s Office, the Georgia Bureau of Investigation’s (GBI) Human Exploitation and Trafficking (HEAT) Unit, and the Attorney General’s Human Trafficking Prosecution Unit.
Officials say Greene County Sheriff’s Deputy saw a white Cadillac sedan with heavily tinted windows stop improperly.
“Yet another victim has been recovered, and two people who we allege were engaged in her trafficking are now facing serious charges,” said Attorney General Chris Carr. “We’re proud of our strong partnerships with District Attorney Wright Barksdale, the Greene County Sheriff’s Office, the Taliaferro County Sheriff’s Office, and GBI’s HEAT Unit as we fight to protect our most vulnerable Georgians. Together, we will continue to send a strong message that Georgia’s children are not for sale.”
Your Rights at a Law Enforcement Stop
Based on the charges in this care, officers initially pulled the defendants over for a moving violation (improper stop) or a nonmoving violation (illegally tinted windows). Either stop could support an investigation and subsequent arrest, if the officer had reasonable suspicion of criminal activity.
Reasonable suspicion is a very low standard of evidence. It’s basically an evidence-based hunch of criminal activity. Over the last few years, the Supreme Court has diluted this already low standard of proof and made it even lower. Now, instead of a crime, to initiate a stop, an officer only needs a reasonable belief that the defendant has committed a crime.
Multi-state vehicle stops are a good example. Window tinting laws vary significantly in different states. So, in this case, the vehicle’s window tint was probably legal in Ohio, where the vehicle was registered. But if the tint was illegal in Georgia, officers justifiably stopped the vehicle.
A Marietta criminal defense lawyer could easily beat such a case in court, where the standard of proof is higher. But officers can definitely turn on their overhead lights, because the standard of proof is lower.
At a stop, people must comply with basic “pull over” and other law enforcement commands. However, they don’t have to answer questions or, in most cases, roll down their windows. The Fifth Amendment basically puts a wall between people and police officers.
Incidentally, officers often profile vehicles that “don’t look right” or have out-of-state license plates. A federal judge recently ruled that these pretext stops are legal, as long as officers have reasonable suspicion. In an Iowa case, a judge ruled that officers could legally stop a vehicle for traveling 1mph over the speed limit, even though they knew the charges wouldn’t hold up in court and the traffic stop was a mere pretext for a drug investigation.
People have significant rights at traffic stops. However, we always recommend that people exercise their rights cautiously. Never forget that police officers have guns, and as we’ve seen recently, they don’t hesitate to use them.
So, at a traffic stop, activate your hazards as soon as flashing lights appear and pull over as soon as it’s safely possible to do so. Turn off the engine, roll down your window, turn on the dome light, and keep your hands at 11 o’clock and 1 o’clock.
Do not engage with police officers any more than necessary. Although you must obey commands, you don’t have to answer any questions, even seemingly innocuous ones, like “is this your car.”
Multi-Jurisdictional Investigations
Too many chefs spoil the broth. This old saying usually applies if multiple parties advise people before they make decisions. This aphorism also applies in multi-jurisdictional investigations. These investigations often create procedural issues.
Frequently, the Georgia Bureau of Investigation steps in and takes complete control of a matter, especially a serious criminal investigation. The GBI flexes its muscle partially to assert its power, and also to conduct an efficient investigation. One slate of investigators reviews the physical evidence, questions witnesses, conducts searches, and so on.
Multiple agencies often don’t communicate very well. Search and seizure is one problem a Marietta criminal defense lawyer sees quite a lot.
Typically, Agency A files a search warrant application. The judge rules the warrant application’s probable cause affidavit was inadequate, usually because it over-relied on the uncorroborated testimony of a paid informant. Agency B doesn’t get the memo and searches Tom’s house. Unless a search warrant exception applied, that search is illegal, and any evidence obtained is inadmissible.
Procedural defenses are very effective in court. If the state doesn’t have enough evidence, it can usually retrace its steps and collect more. But if investigators make a procedural mistake, no one can go back in time and fix it.
Sex Trafficking in Georgia
Voluntary or involuntary prostitution is legal in Georgia. Sex trafficking, which is basically running a prostitution ring, is illegal if the:
- Defendant used deception or coercion, or
- An individual is under 18 or has a developmental disability.
This offense has harsh consequences. Any person who commits the offense of trafficking an individual for labor or sexual servitude will be guilty of a felony and will be punished by a prison term of ten to twenty years and a fine not to exceed $100,000.00.
An enhancement applies if the person has a developmental disability or was under the age of 18 and was coerced or deceived into being trafficked for labor or sexual servitude. Upon conviction, the accused will be guilty of a felony and will receive a fine up to $100,000.00 and a prison term between twenty-five and fifty years.
The wording of this law implies that voluntary prostitution is legal in Georgia. That’s very rarely the case. Most courts broadly interpret deception or coercion to include cajoling (c’mon, you’ll make a lot of money) or pressuring (you only must do this once).
Corporate prostitution, usually brothels, are subject to additional penalties. These additional penalties apply if the sex trafficking was within the defendant’s scope of employment. They don’t apply if a hotel allowed sex trafficking to take place, although the state might file other charges.
Lack of knowledge could be a defense, especially to corporate sex trafficking. If Joe encouraged his strippers to be friendly and flirty but he didn’t know they were prostituting themselves, sex trafficking charges might not hold up in court.
Sex trafficking convictions have serious consequences. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Convenient payment plans are available.
Top Five DUI Checkpoint Requirements in Cobb County