Brandt v. State
314 Ga. App. 343
| Ga. Ct. App. | 2012Background
- On Nov. 4, 2005, Gwinnett County police were alerted that Applebee's on Ronald Reagan Parkway had been robbed; Snellville officers responded to the armed robbery.
- An officer encountered Kollie and Brandt in a black truck described in dispatches; the truck was speeding away from the robbery scene.
- The officers stopped the truck and removed Kollie and Brandt from it, handcuffed them, and secured them in patrol cars to ensure scene safety.
- From outside the truck, the officer observed two firearms, money bags, and liquor in plain view; liquor spilled in the bed, triggering further suspicion.
- Snellville officers later conducted a thorough truck search yielding additional evidence; an eyewitness later identified Kollie and Brandt as robbers.
- Brandt moved to suppress the truck evidence; the trial court denied the motion, which the appellate court affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop/search violated the Fourth Amendment | Brandt | Brandt | Stop and search viewed as reasonable; no suppression. |
| Whether there was probable cause to justify the initial stop | Brandt | Kollie/Brandt | Probable cause to stop for traffic violation existed; supports detention. |
| Whether the search of the truck was permissible as a search incident to arrest | Brandt | Brandt | Search valid as incident to arrest given probable cause and later identification. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (traffic stop pretext not invalidated by motive if probable cause exists)
- Maryland v. Wilson, 519 U.S. 408 (U.S. 1997) (police may detain occupants when securing a scene)
- Parker v. State, 229 Ga.App. 217 (Ga. Ct. App. 1997) (plain-view observations may support seizure)
- Gant, 556 U.S. 332 (U.S. 2009) (vehicle searches incident to arrest limited by context and probable cause)
- Gebremedhin v. State, 202 Ga. App. 811 (Ga. Ct. App. 1992) (probable cause to arrest can justify further searches)
- Brown v. State, 307 Ga. App. 797 (Ga. Ct. App. 2011) (identify witnesses can supply probable cause for arrest)
- Culpepper v. State, 312 Ga. App. 115 (Ga. Ct. App. 2011) (reviewing suppression rulings; deference to findings limited)
- Boone v. State, 282 Ga.App. 67 (Ga. Ct. App. 2006) (radio dispatch details provide reasonable suspicion to stop)
- Faulkner v. State, 277 Ga.App. 702 (Ga. Ct. App. 2006) (descriptions from dispatch support investigation)
- McNair v. State, 267 Ga. App. 872 (Ga. Ct. App. 2004) (dispatch concerning crime observed nearby supports investigation)
- State v. Peterson, 273 Ga. 657 (Ga. 2001) (plain-view seizure authority when legally present)
- Wise v. State, 201 Ga. App. 412 (Ga. Ct. App. 1991) (plain-view doctrine applies to evidence in vehicle)