Grizzle v. State
310 Ga. App. 577
Ga. Ct. App.2011Background
- Grizzle was stopped after a high-speed chase for eluding police and arrested for multiple offenses.
- Officers impounded Grizzle's uninsured motorcycle with an expired license tag registered to another vehicle.
- An inventory search of the motorcycle, conducted under state policy, disclosed a red zippered bag with drugs and a loaded pistol.
- Grizzle was indicted on drug, firearm, and fleeing charges, along with traffic offenses related to license and insurance issues.
- Grizzle moved to suppress the evidence from the inventory search; the trial court denied the motion.
- The Court of Appeals reviews the suppression ruling de novo for legal questions and defers to trial findings of fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the impoundment reasonably necessary? | Grizzle contends the impoundment was not necessary. | State argues impoundment was reasonably necessary under the circumstances. | Yes; impoundment reasonably necessary under the circumstances. |
| Was the opening of the red bag during inventory search lawful? | Grizzle argues the bag opening exceeded permissible inventory search scope. | State contends bag opening was within standard inventory procedures. | Yes; opening of the bag was lawful as part of a standard inventory search. |
Key Cases Cited
- Colorado v. Bertine, 479 U.S. 367 (U.S. Supreme Court, 1987) (inventory searches may be reasonable without probable cause)
- Florida v. Wells, 495 U.S. 1 (U.S. Supreme Court, 1990) (inventory search purpose limits and safeguards)
- Lopez v. State, 286 Ga.App. 873 (Ga. App. 2007) (opening of closed container within inventory search)
- Opperman, 427 U.S. 364 (U.S. Supreme Court, 1976) (policy-based inventory search; purposes)
- Evans, 181 Ga.App. 422 (Ga. App. 1986) (inventory search of closed container in trunk)