Lewis v. State
317 Ga. App. 391
Ga. Ct. App.2012Background
- Richmond County narcotics investigators observed Lewis in a known drug area; Lewis placed a clear baggie in his mouth after reaching into his pocket and then chewed it as investigators approached.
- Investigators attempted a field interview; Lewis refused to answer questions and began chewing the baggie.
- A neck restraint was used to prevent destruction of alleged contraband, and Lewis struggled as officers restrained him.
- Investigators recovered 2.0 grams of crack cocaine from Lewis’s mouth after subduing him.
- The trial court denied the motion to suppress; Lewis was convicted in a bench trial after a stipulated-facts proceeding.
- On appeal, Lewis argues lack of probable cause for the restraint and suppression of the drugs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the encounter escalated to a tier requiring probable cause | Lewis argues the neck restraint and spit command pushed to a third-tier detention | State contends the neck restraint and ask to spit out were proper under second-tier rules | No; the restraint escalated to third-tier, but probable cause supported the actions |
| Whether probable cause existed to restrain and extract the baggie | Lewis contends lack of probable cause to seize or force spitting | State asserts observed furtive acts and mouth concealment warranted probable cause | Probable cause existed under totality of circumstances |
| Whether the neck restraint was reasonable under Fourth Amendment | N/A | State maintains neck restraint reasonable to prevent destruction of evidence | Yes; neck restraint reasonable given circumstances and related precedents |
Key Cases Cited
- Brown v. State, 269 Ga. 830 (Georgia 1998) (probable cause based on furtive gestures and concealment of contraband)
- Merriweather v. State, 228 Ga. App. 246 (Ga. App. 1997) (search of mouth and removal of contraband allowed under exigent circumstances)
- Sanders v. State, 247 Ga. App. 170 (Ga. App. 2000) (authorized force to prevent destruction of evidence; jaw-line restraint not unreasonable)
- Florida v. Royer, 460 U.S. 491 (U.S. 1983) (detentions may be investigative yet violate Fourth Amendment without probable cause)