Caffee v. the State
341 Ga. App. 360
| Ga. Ct. App. | 2017Background
- Deputy Patterson stopped Richard Caffee for an expired tag and smelled raw marijuana emanating from Caffee’s truck. Patterson also observed bloodshot, glassy eyes and elevated taste buds consistent with recent marijuana use.
- Patterson asked Caffee to exit the vehicle, patted him down for weapons while awaiting backup, and then searched the truck; no marijuana was found in the vehicle but two bottles that smelled of marijuana were located.
- The odor of marijuana dissipated during the truck search, but Patterson smelled marijuana strongly again when he returned to Caffee.
- Patterson searched Caffee’s outer clothing and discovered a small baggie containing less than one ounce of marijuana in a shirt pocket.
- Caffee moved to suppress the evidence; the trial court denied the motion (finding probable cause for the search) and certified the denial for immediate interlocutory appeal. The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless search of Caffee’s shirt pocket was unlawful | Caffee: officer lacked authority to search shirt pocket without a warrant | State: odor of raw marijuana and attendant facts provided probable cause for a person search | Held: Search lawful — totality of circumstances gave probable cause to search Caffee’s person |
| Whether the odor of raw marijuana alone can support a search | Caffee: (implicitly) odor insufficient to justify search of person without warrant | State: officer’s training/experience in detecting marijuana odor makes odor probative of where contraband is located | Held: Officer’s qualified detection of raw marijuana can support probable cause; odor may justify search/warrant under Kazmierczak framework |
| Whether the officer exceeded the permissible scope or unduly prolonged the traffic stop | Caffee: stop was expanded and lengthened to conduct the search of his person | State: investigation (pat-down, backup wait, vehicle search) was reasonably related and timely | Held: No undue prolongation or scope expansion; ~30-minute encounter was permissible |
| Whether the pat-down constituted a valid Terry frisk | Caffee: search of pockets not justified under Terry pat-down limits | State: while not treating it as pure Terry, probable cause justified search | Held: Court rejected fit-for-Terry justification but found independent probable cause to search pockets |
Key Cases Cited
- State v. Kazmierczak, 331 Ga. App. 817 (2015) (officer’s detection of marijuana odor by a qualified officer may alone support issuance of a search warrant)
- State v. Edwards, 332 Ga. App. 342 (2015) (reiterating that an officer qualified by training/experience may infer presence of marijuana from odor)
- Terry v. Ohio, 392 U.S. 1 (1968) (limits and purpose of a frisk for officer safety)
- State v. Cannon, 253 Ga. App. 445 (2002) (totality — including odor and other facts — can support probable cause to search a person)