Dover v. State
307 Ga. App. 126
Ga. Ct. App.2010Background
- Dover was stopped for a seatbelt violation on Georgia Highway 1; he and Holbrook, plus Holbrook's four-year-old child, rode in the car and Dover's license was suspended, the vehicle registration was suspended, and the car was uninsured.
- Officer Sowell impounded the vehicle due to lack of insurance and to prevent unlicensed operation; Holbrook offered that someone could walk over and move the car, but the officer declined because the car could not be driven legally.
- An inventory search of the impounded car revealed a pipe with methamphetamine residue in the center console; Dover acknowledged the pipe was used to smoke methamphetamine but claimed the car had been parked for six months and that he did not own the pipe.
- Holbrook denied ownership of the pipe and identity of the pipe; Dover and Holbrook were charged together with possession of methamphetamine after a joint trial.
- At trial, Holbrook was granted a directed verdict of acquittal; Dover's motion for a directed verdict was denied; Dover was convicted of possession of methamphetamine and several traffic offenses.
- Dover appealed, challenging the denial of suppression and the denial of a directed verdict, arguing insufficient evidence of possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression ruling was proper | Dover argues the inventory search was improper after the car should have been moved instead of impounded. | State contends impoundment was reasonable given the uninsured, unlicensed vehicle in a gravel area and the need to protect property. | Suppress was proper; inventory search reasonable. |
| Whether there was sufficient evidence of possession | Dover asserts equal access by Holbrook negates possession; circumstantial evidence insufficient for conviction. | State argues joint constructive possession and equal-access instruction supported the conviction. | Sufficient evidence supported possession; jury could find Dover possessed methamphetamine. |
Key Cases Cited
- Lopez v. State, 286 Ga. App. 873, 650 S.E.2d 430 (2007) (own/driver presume possession absent equal-access evidence)
- Reed v. State, 195 Ga. App. 821, 395 S.E.2d 294 (1990) (inventory search reasonable when impounding vehicle)
- Strobhert v. State, 165 Ga. App. 515, 301 S.E.2d 681 (1983) (distinguishes improper impoundment)
- Duvall v. State, 194 Ga. App. 420, 390 S.E.2d 647 (1990) (driver's ability to drive and insurance impact impoundment necessity)
- Cabrera v. State, 303 Ga. App. 646, 694 S.E.2d 720 (2010) (equal-access doctrine and joint possession)
- Waters v. State, 280 Ga. App. 566, 634 S.E.2d 508 (2006) (equal-access defense considerations in possession cases)
- Bryson v. State, 293 Ga. App. 392, 667 S.E.2d 170 (2008) (evidence sufficiency in possession cases against equal-access claims)
- Perkins v. State, 300 Ga. App. 464, 685 S.E.2d 300 (2009) (directed-verdict standard and sufficiency review)