321 Ga. App. 118
Ga. Ct. App.2013Background
- Foster was convicted by jury of MDMA trafficking and marijuana possession after a denial of her suppression motion.
- She argued the warrantless search of the car was illegal and fruits should be suppressed; the trial court denied suppression.
- An officer stopped the vehicle for a traffic violation; the driver was arrested on a bench warrant, and a search incident to arrest found Foster’s open pocketbook with marijuana, which led to MDMA.
- At the time of trial, Belton allowed searches incident to arrest; after Gant, the legality narrowed; the State concedes the search did not fit Gant’s parameters.
- The State urged inevitable discovery: the marijuana odor and other lawful steps would have led to discovery of the contraband regardless of the illegal search.
- The court ultimately held that the drugs would inevitably have been discovered and affirmed the denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vehicle search was valid under Fourth Amendment after Gant | Foster: search invalid under Gant/Belton | State: search could be justified by inevitable discovery | Inevitable discovery support; no suppression error |
| Whether inevitable discovery renders the evidence admissible | N/A | N/A | Yes; drugs would have been discovered by lawful means |
Key Cases Cited
- State v. Slaughter, 252 Ga. 435 (1984) (Fourth Amendment search principles; exemptions to warrants)
- State v. Massa, 273 Ga. App. 596 (2005) (State bears burden to show legality of search)
- Schweitzer v. State, 319 Ga. App. 837 (2013) (Admissibility of contraband when discovery inevitable)
- State v. Folk, 238 Ga. App. 206 (1999) ( odor of marijuana supports probable cause to search)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits search incident to arrest to certain scenarios)
- New York v. Belton, 453 U.S. 454 (1981) (permissible search incident to arrest prior to Gant)