331 Ga. App. 171
Ga. Ct. App.2015Background
- At ~10:00 p.m., officer observed Davis drive >300 feet in the center turn lane and ran the plate, which indicated no insurance; officer activated lights and stopped the Audi.
- Davis showed a binder and an insurance card for a different vehicle; officer called insurer after-hours and could not verify coverage for the Audi.
- Officer called for a wrecker and began an inventory search; Davis fled on foot when officer leaned to open the trunk.
- Officer opened the trunk and observed a grocery bag in plain view containing marijuana, cash, bags, and rolling papers; officer testified he smelled marijuana upon trunk opening.
- At the suppression hearing, insurer’s agent testified Davis did have coverage but a database sync issue made it appear uninsured; agent admitted the 30-day binder would not show valid coverage after 30 days.
- Trial court denied the motion to suppress; Court of Appeals affirmed, holding the stop, impoundment (as reasonably necessary), and inventory search lawful, and that opening the bag was justified by odor of marijuana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of impoundment | Impoundment was unlawful because Davis provided paperwork showing coverage | Officer reasonably relied on database and binder did not prove valid coverage after 30 days | Impoundment was reasonably necessary given lack of verifiable insurance |
| Lawful basis for inventory search | Inventory invalid absent evidence it followed department policy | Officer followed department policy and was trained to inventory prior to towing | Inventory valid; dept. policy requiring inventories before towing was shown |
| Opening closed containers during inventory | Opening closed bag not permitted absent specific policy allowing it | Smell of marijuana upon opening trunk authorized further inspection | Officer smelled marijuana; opening bag was permitted and yielded contraband |
| Whether stop itself or search was pretextual | (Not challenged) | Stop for improper center-lane use was valid | Stop not contested; appellate review focused on impoundment and inventory |
Key Cases Cited
- Grizzle v. State, 310 Ga. App. 577 (inventory searches following reasonable impoundment are generally reasonable under the Fourth Amendment)
- Dover v. State, 307 Ga. App. 126 (impoundment may be necessary when vehicle cannot lawfully be driven because uninsured)
- Capellan v. State, 316 Ga. App. 467 (inventory search unreasonable where no evidence of department policy or procedure — caution against "rummaging")
- Askew v. State, 326 Ga. App. 859 (valid inventory procedures support reasonableness of trunk searches)
- Jones v. State, 319 Ga. App. 678 (odor of contraband can justify opening containers discovered during inventory)