Elvine v. State
334 Ga. App. 235
| Ga. Ct. App. | 2015Background
- Police were conducting a narcotics text-message sting and used a suspect’s phone to text a contact labeled “Skeet” about buying $325 of marijuana.
- Officer (posing as seller) arranged a meeting at a convenience store but did not specify a time; he later told Skeet he would be waiting in a particular vehicle.
- An unrecognized driver, Anthony Elvine, arrived, parked near that vehicle in a ride-share area, exited his car, and began walking into the store.
- Officers stopped and arrested Elvine before he entered the store, seized his cell phone, and accessed its contents at the scene.
- Officer later applied for a warrant to search the phone contents; the affidavit stated texts had been intercepted between Elvine and law enforcement.
- Trial court denied suppression, finding the arrest lawful, the on-scene search unlawful, but the subsequent warrant valid; the state appellate court granted interlocutory review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause for a warrantless arrest | Arrest lacked probable cause because the officer had only equivocal, public conduct (parking, entering store) and no ID or time link to the texts | Officer argued the timing/location/parking next to designated vehicle and arrival after texts supported probable cause | Reversed: no probable cause — conduct was innocent and insufficiently particularized to Elvine |
| Whether evidence from the warrantless seizure/search must be suppressed | Evidence (phone + contents) obtained from unlawful arrest and search-taint the warrant; suppression required | State contended warrant was independently supported and affidavit did not rely on phone content obtained at arrest | Held evidence inadmissible: warrant relied on statements that texts were between Elvine and law enforcement, which flowed from the unlawful arrest; warrant not independent |
| Validity of the magistrate-issued search warrant | Warrant affidavit misrepresented/interpreted intercepted texts as between Elvine and police, drawn from the unlawful on-scene access | State argued affidavit and officer testimony supported issuance independent of initial access | Reversed: affidavit relied on information gained from unlawful arrest/search; warrant invalid |
| Whether any exception (consent, exigency, independent source) saves evidence | Elvine did not consent; no independent source shown; search-incident-to-arrest doctrine inapplicable post-Riley without warrant | State did not assert independent grounds or consent | No exception applies; evidence excluded |
Key Cases Cited
- Brown v. State, 293 Ga. 787 (explaining appellate review of suppression fact findings)
- Miller v. State, 288 Ga. 286 (same framework for reviewing factual findings at suppression)
- Jones v. State, 291 Ga. 35 (de novo review when evidence is uncontroverted)
- Riley v. California, 573 U.S. 373 (2014) (cell-phone searches generally require a warrant)
- Maryland v. Pringle, 540 U.S. 366 (2003) (probable cause definition and collective-probability principles)
- Rashid v. State, 292 Ga. 414 (2013) (evidence fruit of unlawful arrest requires suppression unless purged by independent source)