Campbell v. State
313 Ga. App. 436
Ga. Ct. App.2011Background
- Campbell was convicted of DUI - less safe, marijuana possession, speeding, and failure to update address on his license.
- A Woodstock police officer stopped Campbell for speeding on I-92; speed measured at 63 mph in 45 mph zone.
- The officer smelled burnt marijuana, Campbell admitted smoking, and there was odor on Campbell's person with bloodshot eyes.
- Campbell was observed fidgeting in the vehicle and subjected to field sobriety tests showing impairment; he was arrested for DUI - less safe.
- A marijuana weight of 0.3 grams was found in Campbell's right shoe; blood tested positive for THC metabolite.
- Campbell challenged the arrest as lacking probable cause; suppression motion denied; appeal filed pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest for DUI - less safe? | Campbell argues lack of probable cause to arrest. | State contends totality of circumstances supported probable cause. | Probable cause existed; denial of suppression affirmed. |
| Should post-arrest evidence be suppressed due to invalid arrest? | Without probable cause, post-arrest evidence should be excluded. | Evidence admissible given valid probable cause. | No suppression error; evidence properly admitted. |
| Are Campbell's jurisdictional and ineffective assistance claims meritorious? | Claims lack merit; raised without success. | Claims are without merit; court lacks jurisdictional defects and counsel ineffectiveness not shown. | Claims without merit; no reversible error. |
Key Cases Cited
- Hammont v. State, 309 Ga. App. 395 (Ga. App. 2011) (standard for reviewing suppressions; de novo review on undisputed facts)
- Davis v. State, 304 Ga. App. 355 (Ga. App. 2010) (may consider trial testimony beyond suppression hearing)
- Pinch v. State, 265 Ga. App. 1 (Ga. App. 2003) (probable cause assessed by totality of circumstances)
- Albert v. State, 236 Ga. App. 146 (Ga. App. 1999) (probable cause supported by totality of circumstances for DUI arrest)
- Norman v. State, 214 Ga. App. 408 (Ga. App. 1994) (totality approach to probable cause)
- Beasley v. State, 255 Ga. App. 522 (Ga. App. 2002) (liberal construction of pro se briefs)