McKinney v. State
326 Ga. App. 753
Ga. Ct. App.2014Background
- McKinney was convicted after a jury trial of possession with intent to distribute marijuana and possession of more than one ounce.
- The events occurred April 20, 2011, when Officer Tate stopped McKinney for missing tail lights and a signaling violation; McKinney exited the vehicle and was read Miranda rights.
- Consent to search was obtained, but McKinney withdrew consent after Manghane advised him not to allow the search.
- A K-9 sniff by Simba allegedly indicated odor and led to a search revealing three-quarters of a pound of marijuana in seven baggies within a large bag.
- Manghane pleaded guilty prior to trial; McKinney challenged the suppression ruling and later alleged ineffective assistance of counsel.
- The trial court denied the motion to suppress; the court considered the dog’s alert and corroborating testimony in finding probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression denial was correct | McKinney argues lack of probable cause for search | State asserts dog alert and totality of circumstances support probable cause | Probable cause supported; denial affirmed |
| Whether hearing suppression during trial violated rights | McKinney claims Fourth Amendment rights were compromised and he could testify about suppression | Court had discretion; delay not warranted given timing and evidence | No abuse; hearing during trial affirmed |
| Whether trial counsel was ineffective for not objecting to trial-on-suppression discussion | Counsel deficient for not preserving suppression issue with jury present | No prejudice; defense failure to show probable different outcome | No ineffective assistance; no prejudice shown |
Key Cases Cited
- Florida v. Harris, 133 S. Ct. 1050 (2013) (probable cause based on totality of circumstances and dog reliability)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence to support conviction)
- Miranda v. Arizona, 384 U.S. 436 (1966) (establishes rights advisory during custodial interrogation)
- Dawson v. State, 238 Ga. App. 263 (1999) (state court analysis of suppression and evidence issues)
- Christopher v. State, 262 Ga. App. 257 (2003) (review of suppression-related evidentiary challenges)
- Weaver v. State, 137 Ga. App. 470 (1976) (trial court discretion in scheduling motions and proceedings)
- Dennis v. State, 293 Ga. 688 (2013) (de novo review context for certain suppression determinations)