326 Ga. App. 859
Ga. Ct. App.2014Background
- Askew was convicted after a stipulated bench trial of cocaine with intent to distribute, marijuana with intent to distribute, attempting to elude a police officer, and a stop sign violation.
- A state trooper stopped Askew for not wearing a seatbelt and running a stop sign; pursuit lasted about 1 minute 14 seconds.
- Askew’s car was impounded; inventory search of the vehicle was conducted.
- During the inventory, plain-view bags of crack cocaine and marijuana were found in the car.
- Askew moved to suppress the evidence, arguing the search was not a valid exception to the warrant requirement; the trial court denied the motion and the Court of Appeals affirmed.
- The court concluded the impoundment was reasonable and the subsequent inventory search conducted under department policy was valid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the impoundment was reasonable under the Fourth Amendment | Askew | Askew | Yes; impoundment reasonable under circumstances. |
| Whether the inventory search was permissible under the Fourth Amendment | Askew argues inventory search is a ruse for rummaging | State argues standard policy inventory search is reasonable | Yes; inventory search reasonable under department policy. |
Key Cases Cited
- Grizzle v. State, 310 Ga. App. 577 (Ga. App. 2011) (inventory searches pursuant to standard procedures are reasonable under the Fourth Amendment)
- State v. Carter, 305 Ga. App. 814 (Ga. App. 2010) (impoundment's reasonableness governs validity of inventory search)
- Capellan v. State, 316 Ga. App. 467 (Ga. App. 2012) (validity of impoundment precedes evaluation of inventory search)
- Carlisle v. State, 278 Ga. App. 528 (Ga. App. 2006) (test for lawful impoundment is reasonableness under Fourth Amendment)