Culpepper v. State
312 Ga. App. 115
| Ga. Ct. App. | 2011Background
- Late on August 5, 2009, a DeKalb County officer, with an trainee, observed a van and a Nissan Altima near a closed stereo store and a locked, fenced enclosure with other cars.
- Two men, Culpepper and Irby, were at the rear of the van; nearby burglaries and vehicle thefts had occurred in the area recently.
- Irby claimed Culpepper and Irby were waiting for Irby's father; Irby could not contact him and their stories became inconsistent.
- The officer learned Irby had a suspended license and the Altima was a rental; Culpepper produced an expired rental agreement when asked.
- The officer saw a firearm in the Altima center console; Culpepper appeared to conceal it and denied weapons in the car.
- A field contact led to a narcotics-related finding: a digital scale with cocaine residue; Culpepper admitted the scale was his and that he used cocaine; the firearm was stolen from Henry County; large currency was later found in an inventory search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the detention violated the Fourth Amendment | Culpepper says the stop was an unlawful prolonged detention. | State argues the detention was based on reasonable suspicion and justified for investigation. | Detention reasonable; grounds for detention arose and persisted. |
Key Cases Cited
- White v. State, 310 Ga.App. 386 (2011) (three encounter types; brief seizures require reasonable suspicion)
- Johnson v. State, 299 Ga. App. 474 (2009) (reasonable, objective factors for seizure necessity)
- Rolfe v. State, 278 Ga.App. 605 (2006) (specific and articulable facts for a particularized basis)
- Tanner v. State, 281 Ga.App. 101 (2006) (rental agreement status as an objective basis for detaining)
- Langston v. State, 302 Ga.App. 541 (2010) (expired rental agreement justifies detention and investigation)
- State v. Webb, 193 Ga.App. 2 (1989) (plain view doctrine supports warrantless seizure when lawful)