Jones v. State
319 Ga. App. 678
Ga. Ct. App.2013Background
- Jones was convicted by bench trial of cocaine trafficking and failure to maintain lane.
- Motion to suppress cocaine from a car search was denied; appeal followed.
- Officer observed Jones's car weaving and failing to maintain lane on interstate, then stopped it.
- Officer smelled burnt and raw marijuana; Jones admitted smoking earlier.
- Search of the car, including the trunk, yielded a cocaine-containing package.
- Forensic testing showed 37.79 grams of mixture with 34.6% cocaine, despite wetness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search was unlawful absence of probable cause | Jones asserts lack of probable cause to search. | Jones argues odor alone cannot justify search. | Automobile exception supported search; odor provided probable cause. |
| Whether the cocaine weight/purity satisfies trafficking statute | Evidence not 28g or more of cocaine since wet. | Substance is a cocaine mixture >10% purity, meeting statute. | 37.79 g mixture at 34.6% purity satisfies trafficking criterion. |
Key Cases Cited
- Warren v. State, 314 Ga. App. 477 (Ga. App. 2012) (credibility and review of suppression rulings; appellate deference to findings)
- State v. Folk, 238 Ga. App. 206 (Ga. App. 1999) (automobile exception requires probable cause to search vehicle)
- Williams v. State, 273 Ga. App. 637 (Ga. App. 2005) (odor supports probable cause for search)
- Durden v. State, 199 Ga. App. 397 (Ga. App. 1991) (search of vehicle may extend to parts that conceal contraband)
- Godett v. State, 205 Ga. App. 545 (Ga. App. 1992) (mixture cocaine trafficking statute covers mixtures over 10% cocaine)
- Quinn v. State, 171 Ga. App. 590 (Ga. App. 1984) (statutory interpretation of cocaine trafficking thresholds)
- Leach v. State, 143 Ga. App. 598 (Ga. App. 1977) (credibility matters for suppression credibility determinations)