Lewis v. State
307 Ga. App. 593
| Ga. Ct. App. | 2011Background
- Two Cobb County officers in a high-crime area observed Lewis alone in a closed convenience-store parking lot late at night.
- The store had a history of robberies during closing; Lewis watched the manager close the store from an unlit area.
- Lewis walked toward the edge of the lot, then returned when officers approached after pulling into the area.
- Lewis claimed he was headed to a nearby bus stop; he appeared extremely nervous and offered an unpersuasive explanation.
- Officers conducted a pat-down for weapons; a second officer noticed Lewis manipulating his pocket, suggesting a weapon.
- A second pat-down revealed a firearm, leading to Lewis’s custody and ensuing charges; suppression motion denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial pat-down lawful under Terry? | Lewis | Lewis | Pat-down justified by reasonable belief of armed danger |
| Is the firearm admissible given taint from the first pat-down? | Lewis | Lewis | Second pat-down permissible; no taint from initial pat-down |
Key Cases Cited
- Sommese v. State, 299 Ga.App. 664 (2009) (standard for reviewing suppression rulings; credibility preserved)
- Davis v. State, 303 Ga.App. 785 (2010) ( Fourth Amendment rights overview)
- Meadows v. State, 303 Ga.App. 40 (2010) (pat-downs for weapons when suspect is armed or dangerous)
- Molina v. State, 304 Ga.App. 93 (2010) (specific facts required to support weapon search)
- King v. State, 227 Ga.App. 466 (1997) (distinguishes from cases lacking articulable basis)
- Dickson v. State, 241 Ga.App. 575 (1999) (distinguishes cases with no suspicious actions)
- In the Interest of A.T., 302 Ga.App. 713 (2010) (context for evaluating police-citizen encounters)
- Hayes v. State, 202 Ga.App. 204 (1991) (supports reasonableness of tailored pat-downs)