Bryant v. State
326 Ga. App. 385
Ga. Ct. App.2014Background
- Bryant was convicted of cocaine trafficking and obstructing an officer and appeals denial of his suppression motion.
- Deputy Scott stopped a Buick for an incomplete dealer drive-out tag; Bryant was a passenger.
- Driver had three cell phones; Scott began processing the stop and planned to issue a warning citation.
- While Scott was writing the citation, the driver consented to a search; Bryant fled into the woods, leading to a confrontation.
- Cocaine was recovered from Bryant after a struggle, and the dashboard camera recorded the stop and search.
- Bryant argued the stop continued unlawfully after the warning was promised, but he waived this argument and the court upheld the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Bryant waive his suppression challenge? | Bryant: waived due to not raising below | Bryant: appeal despite waiver; argument unavailing | Waiver applies; argument not considered |
| Was Bryant unlawfully detained after the driver consented to search while the stop pertained to a warning? | Stop ended when warning issued | Consent obtained during ongoing, lawful detention | Consent during ongoing detention supported; no unlawful continuation |
| Did the consent to search during a lawful traffic stop violate Fourth Amendment? | Salmeron supports valid during stop | Consent valid if search during lawful detention | No Fourth Amendment violation; search consent valid during stop |
Key Cases Cited
- Salmeron v. State, 280 Ga. 735 (2006) (consent during a valid traffic stop is permissible)
- Blitch v. State, 281 Ga. 125 (2006) (consent during a traffic stop without Fourth Amendment violation)
- Gonzales v. State, 255 Ga. App. 149 (2002) (once routine stop ends, must have valid consent or reasonable suspicion)
- Sims v. State, 313 Ga. App. 544 (2012) (denial of suppression affirmed where consent obtained while signing citation)
- Weems v. State, 318 Ga. App. 749 (2012) (unlawful detention after warning if only nervousness and conflicting stories)
- Bryant v. State, 288 Ga. 876 (2011) (waiver may bar appeal; specific arguments must be raised below)
- Locher v. State, 293 Ga. App. 67 (2008) (waiver rule in motion-to-suppress challenges)