Boykins v. State
290 Ga. 71
Ga.2011Background
- Officer Morales observed Boykins' vehicle in a high crime area; the vehicle pulled away when Morales approached.
- Morales questioned a woman who did not know Boykins; Morales later saw the vehicle in an apartment complex.
- Boykins identified himself only by name and birth date; an outstanding probation warrant led to his arrest.
- Boykins was handcuffed and placed in another officer's custody prior to a vehicle search.
- The center console was searched, yielding cocaine; Boykins challenged the search as unconstitutional under Gant.
- Georgia Court of Appeals affirmed; Supreme Court granted certiorari to address Gant application; the Court reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vehicle search was valid as a search incident to arrest under Gant | Boykins | State | Search failed to satisfy Gant; not shown within arrestee's reach or evidence of offense. |
| Whether the center console remained within arrestee's reach or evidence was likely in the vehicle | Boykins | State | State failed to prove reach or likelihood of evidence; exception not justified. |
| Whether other safety/evidentiary exceptions justified a vehicle search | Boykins | State | No alternative justification shown; not applicable. |
| Whether the State bore the burden to prove legality of the search | Boykins | State | State did not meet burden under OCGA § 17-5-30(b). |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (2009) (limits search-incident-to-arrest to reaching distance or evidence of offense; broader context for vehicle searches)
- New York v. Belton, 453 U.S. 454 (1981) (allowed searches of passenger compartment incident to arrest, later narrowly limited by Gant)
- Thornton v. United States, 541 U.S. 615 (2004) (anticipates Belton scope later constrained by Gant)
- Michigan v. Long, 463 U.S. 1032 (1983) (permissible searches of a vehicle's passenger area with reasonable suspicion of danger)
- United States v. Ross, 456 U.S. 798 (1982) (authorized searches of areas where evidence might be found with probable cause)
- Maryland v. Buie, 494 U.S. 325 (1990) (allowing limited protective sweep incident to arrest)