Carter v. State
319 Ga. App. 624
Ga. Ct. App.2013Background
- Carter was convicted of possession of cocaine under the Georgia Controlled Substances Act; he challenged the denial of his motion to suppress evidence found during a search of his person.
- The trial court applied standard review for suppression rulings: findings of fact by the trial judge are binding if supported by evidence; credibility determinations are accepted unless clearly erroneous; review is favored to uphold the trial court.
- On Dec. 13, 2009, a Gwinnett County officer observed Carter near a dumpster in an area with prior drug activity and believed Carter might be casing the business or engaging in a drug deal.
- During the encounter, Carter claimed possession of a Leatherman tool; when the officer retrieved it, a baggie attached to the Leatherman was exposed; Carter admitted the baggie contained crack cocaine and a field test was positive.
- Carter contends the stop was a second-tier seizure lacking particularized suspicion and that the consent to search was invalid; the State contends it was a first-tier encounter with valid consent.
- The appellate court affirmed, holding the trial court did not err in denying the suppression motion based on a first-tier encounter and voluntary consent; the incriminating evidence was discovered in plain view after consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the encounter a first-tier, non-coercive encounter permitting consensual search? | Carter argues a second-tier seizure occurred without reasonable suspicion. | State contends it was a first-tier encounter and consent was voluntary. | Yes; first-tier encounter; consent valid; no unlawful seizure. |
Key Cases Cited
- Ware v. State, 309 Ga. App. 426 (2011) (recognizes credibility/manifest error review; suppression affirmance context)
- Minor v. State, 298 Ga. App. 391 (2009) (limits on second-tier detention; proper focus on facts)
- Whiting v. State, 275 Ga. App. 251 (2005) (search consent not automatically seizure; first-tier framework)
- Walker v. State, 299 Ga. App. 788 (2009) (detention facts; distinguish from first-tier)
- Brown v. State, 301 Ga. App. 82 (2009) (detention and weapon inquiry context)
- Barnes v. State, 228 Ga. App. 44 (1997) (search/seizure nuance in consent)
- Brint v. State, 306 Ga. App. 10 (2010) (interpretation of stop vs consent)
- Buchanan v. State, 259 Ga. App. 272 (2002) (plain view/possession evidence doctrine)