Bone v. State
311 Ga. App. 390
Ga. Ct. App.2011Background
- Bone was convicted after a bench trial in Houston County for possession of methamphetamine, giving a false name, misdemeanor obstruction, and insufficient taillights.
- Officer Gravitt stopped Bone for insufficient taillights and Bone provided a false name and date of birth.
- Bone admitted he could not identify the vehicle’s owner and claimed he had given somebody drugs to use the car.
- During the struggle after Bone fled, Gravitt recovered a white pill bottle containing methamphetamine near the area where Bone was tackled.
- Bone challenged the denial of his motions to suppress and for directed verdict, arguing Miranda custodial interrogation and insufficient evidence of possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bone's statement about the car's ownership was custodial interrogation requiring Miranda warnings | Bone | Bone | Statement voluntary; no custodial interrogation necessitating Miranda warnings |
| Whether the evidence supports constructive possession of methamphetamine | Bone | Bone | Sufficient evidence supported constructive possession; jury could infer control |
Key Cases Cited
- Hillman v. State, 296 Ga.App. 310, 674 S.E.2d 370 ((2009)) (standard of review; evidence viewed in light most favorable to verdict)
- Benbow v. State, 288 Ga. 192, 702 S.E.2d 180 ((2010)) ( Miranda and voluntary statements; interrogation distinctions)
- Miranda v. Arizona, 384 U.S. 436 ((1966)) (mandates warnings for custodial interrogation)
- Velazquez v. State, 282 Ga. 871, 655 S.E.2d 806 ((2008)) (voluntary and spontaneous statements admissible when not elicited by interrogation)
- Sampson v. State, 209 Ga.App. 213, 433 S.E.2d 136 ((1993)) (assessment of voluntariness of statements)
- Fortune v. State, 304 Ga.App. 294, 696 S.E.2d 120 ((2010)) (constructive possession standard; circumstantial evidence adequate to support conviction)