Capellan v. State
316 Ga. App. 467
Ga. Ct. App.2012Background
- Capellán was convicted after a bench trial of marijuana trafficking, possession with intent to distribute, and giving a false name and date of birth; he moved for new trial, which was denied, and he appeals the denial of his suppression motion.
- Officer on I-85 observed a flatbed wrecker with an overweight, illegible New Jersey plate; wrecker stopped on the shoulder across the fog line multiple times.
- Capellán provided a false name and DOB (alleged as 26, 1974, Sammy Badaway); dispatch showed no license on file.
- An odor of marijuana was detected in the wrecker cab; Capellán’s real Florida license and suspended New Jersey license were found; the van’s cargo area contained two duffel bags with marijuana.
- Capellán was later arrested; the van was inventory-searched following impoundment, and approx. 29 pounds of marijuana were found; the trial court denied suppression, but Capellán obtained relief on appeal.
- The court reversed, holding the inventory search unreasonable due to lack of evidence of a police policy governing inventories; inevitable discovery could not save the search; judgment for suppression reversal was entered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether impoundment was reasonably necessary | Capellán argues impoundment was not necessary. | Capellán contends impoundment was reasonable given CDL, out-of-state vehicle, and safety concerns. | Yes; impoundment reasonably necessary under the circumstances. |
| Whether the van inventory search was valid without a policy | State lacked evidence of department inventory policy; search was rummaging. | Search was an inventory search conducted under impoundment. | Unreasonable without evidence of a governing inventory policy. |
| Whether inevitable discovery salvages the evidence | State argues inevitable discovery would save the seizure. | Lack of inventory policy defeats inevitable discovery. | Not applicable; inevitable discovery rejected due to policy absence. |
Key Cases Cited
- Grizzle v. State, 310 Ga. App. 577 (2011) (impoundment and inventory principles; defined inventory procedures)
- Dover v. State, 307 Ga. App. 126 (2010) (necessity doctrine for impoundment)
- Wiley v. State, 274 Ga. App. 60 (2005) (impoundment reasonable under specific facts)
- Colzie v. State, 257 Ga. App. 691 (2002) (impoundment and inventory considerations)
- Clay v. State, 290 Ga. 822 (2012) (inventory must follow established policy; no automatic inevitable discovery)
- Colorado v. Bertine, 479 U.S. 367 (1987) (inventory searches and police procedures)
- Florida v. Wells, 495 U.S. 1 (1990) (importance of policy on opening closed containers during inventory)
- Carson v. State, 241 Ga. 622 (1978) (inventory may be conducted at arrest scene or police station)