Canino v. State
314 Ga. App. 633
Ga. Ct. App.2012Background
- On Aug. 19, 2008, Canino’s BMW was observed speeding and performing reckless maneuvers in a shopping-center parking lot, causing tire squeals and vehicle sway toward officers.
- Canino parked; officers approached, Canino claimed he was meeting someone inside a restaurant, and produced two traffic citations showing a lost license; GCIC check indicated he had a license.
- Canino exited his car and was placed under arrest for reckless driving; he was handcuffed and restrained near the driver’s seat while officers searched the car.
- Officer Marion found a plastic bag with a white powdery substance between the driver’s seat and center console; narcotics test returned positive.
- The vehicle was impounded; authorities did not arrange for Canino or a friend to retrieve the car, nor did they obtain Canino’s preferences on alternative disposition.
- A second suppression hearing addressed whether the car search was valid under Gant and whether the impound inventory would have inevitably discovered the cocaine; the trial court ruled the search proper under Gant and the impoundment lawful, leading to this interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest for reckless driving? | Canino argues there was no threat to safety warranting arrest. | State asserts observed recklessness in parking lot created probable cause. | No merit; probable cause supported arrest. |
| Was the vehicle search incident to arrest proper under current law? | Search was not justified as incident to arrest under Gant. | State contends search fell within Belton as a contemporaneous incident. | Improper search; invalid under Gant/Boykins line. |
| Was the impound inventory search valid? | Impoundment was not reasonably necessary; no request or necessity shown. | State argues inventory search would have occurred anyway. | Invalid inventory search; impoundment not reasonably necessary. |
Key Cases Cited
- New York v. Belton, 453 U.S. 454 (1981) (search incident to arrest of vehicle passenger compartment; containers may be searched)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits vehicle search incident to arrest to unsecured arrestee or probable evidence in vehicle)
- Boykins v. State, 290 Ga. 71, 717 S.E.2d 474 (2011) (requires showing arrestee could access vehicle; rare case justification for search not met)
- Strohberth v. State, 165 Ga.App. 515, 301 S.E.2d 681 (1983) (impoundment/search separation; emphasis on necessity and relation to arrest)
- Mitchell v. State, 178 Ga.App. 244, 342 S.E.2d 738 (1986) (impoundment necessity; linkage between arrest and vehicle)