Boykins v. State
307 Ga. App. 404
Ga. Ct. App.2010Background
- Boykins was indicted for possession of cocaine found in the center console during a search incident to his arrest for a probation violation.
- Boykins moved to suppress, contesting a Terry stop lacking reasonable suspicion and a search invalid under Arizona v. Gant.
- At suppression hearing, the trial court held the encounter was a first-tier stop and the search was valid under Gant because Boykins stood near the car.
- Officer Morales observed suspicious activity near Wyntree Apartments, detained Boykins after confirming a probation warrant, and arrested him after identifying no ID.
- Cocaine was found in the vehicle’s center console during a search of Boykins’s person and the vehicle’s interior; the vehicle was not impounded, but later released to his wife.
- Boykins was convicted at a bench trial; the Court of Appeals affirmed, upholding the trial court’s findings and denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial police contact was a first-tier encounter | Boykins contends the stop escalated to a Terry stop requiring suspicion. | Boykins argues Morales lacked articulable suspicion for a stop. | Trial court's first-tier finding affirmed; no error in denying suppression. |
| Whether the search of the passenger compartment was valid under Gant | Boykins argues the search exceeded permissible scope after arrest. | Boykins argues the search was improper given he was outside the vehicle and not unsecured. | Search justified under Gant and Chimel due to officer safety; affirmed. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (established tiers of police-citizen encounters and Terry stop doctrine)
- Arizona v. Gant, 129 S. Ct. 1710 (2009) (limits Belton; requires reaching distance or evidence of offense for search incident to arrest)
- Chimel v. California, 395 U.S. 752 (1969) (established Chimel search of area within arrestee's immediate control)
- New York v. Belton, 453 U.S. 454 (1981) (authorized search of passenger compartment incident to arrest; broad Belton interpretation later narrowed)
- State v. Rowell, 299 Ga. App. 238 (2009) (Georgia appellate framework for reviewing suppression findings)