Arnold v. State
315 Ga. App. 798
| Ga. Ct. App. | 2012Background
- Arnold was convicted at a bench trial on partially stipulated evidence of possession of a controlled substance, possession of less than an ounce of marijuana, speeding, and felony obstruction of a law enforcement officer; he appeals denials of his suppression motion and his conviction.
- An earlier probation revocation proceeding's transcript was stipulated into evidence for the suppression issue, and the arresting officer testified.
- On October 21, 2010, Officer Josh Wages stopped Arnold for speeding on Highway 138, observed a brown purse containing nothing of personal items, and conducted a consent search of the purse.
- From outside the car, Wages saw one or two cigar wrappers and a partially smoked wrapper in a center cup holder, suspecting marijuana blunt based on experience.
- Wages retrieved the blunt, smelled marijuana after seizing it, and then obtained probable cause to search the car, leading to marijuana and crack cocaine being found.
- Arnold fled after an unsuccessful attempt to arrest him, causing Wages to suffer scratches; the trial court ruled the contraband was in plain view and properly seized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression suppression standard and plain-view seizure | Arnold: suppression proper; the officer exceeded scope | Arnold: plain-view seizure lacked probable cause | Suppression denied; plain-view justified search |
| Sufficiency of evidence for felony obstruction | State: Arnold pushed officer, causing injuries | Arnold: no violence shown | Conviction upheld |
Key Cases Cited
- Tate v. State, 264 Ga. 53 (Ga. 1994) (trial court findings upheld on suppression standard)
- Jackson v. State, 258 Ga. App. 806 (Ga. App. 2002) (standard for reviewing suppression credibility)
- Glenn v. State, 285 Ga. App. 872 (Ga. App. 2007) (plain-view entry of vehicle with probable cause)
- State v. Lejeune, 276 Ga. 179 (Ga. 2003) (automobile exception and probable cause standard)
- Sapp v. State, 297 Ga. App. 218 (Ga. App. 2009) (plain-view marijuana evidence supports arrest/search)
- Hayes v. State, 292 Ga. App. 724 (Ga. App. 2008) (detention may extend to unrelated offenses if not unreasonably prolonged)
- Davis v. State, 303 Ga. App. 785 (Ga. App. 2010) (stop not unreasonably prolonged during paperwork)