311 Ga. App. 740
Ga. Ct. App.2011Background
- Morgan was convicted of trafficking in cocaine after a search of the rental vehicle he drove yielded 499.08 grams of cocaine.
- A Gwinnett County officer stopped Morgan for an abrupt lane change without signaling and discovered the rental agreement listed a third-party renter with Morgan not listed as driver.
- Morgan’s license was suspended; Thompson’s Virginia license was also suspended; both were nervous and gave conflicting travel narratives to the officer.
- The officer detected a faint odor of cocaine and observed indicia of suspicious travel through their belongings and demeanor, prompting further investigation.
- Morgan claimed he did not consent to any search and that the officer did not request consent; the trial court denied the suppression motion, finding the stop and investigation warranted.
- A joint trial followed; Thompson was acquitted, Morgan was convicted, and the appeal challenged the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the consent to search freely given under totality of circumstances? | Morgan contends consent was not freely given. | Morgan asserts no valid consent; officer did not request consent. | No error; consent valid under totality of circumstances. |
| Was the trial court’s credibility determination about consent supported by the evidence? | Morgan asserts the credibility finding favored the State. | Officer testimony about consent credibility is correct. | Credibility determination upheld; no clear error. |
Key Cases Cited
- Davis v. State, 306 Ga.App. 185 (Ga. App. 2010) (consent and voluntariness standards in suppression)
- Bobbitt v. State, 195 Ga.App. 566 (Ga. App. 1990) (credibility of witnesses and trial court deference in suppression rulings)
- Tate v. State, 264 Ga. 53 (Ga. 1994) (credibility determinations are for the trial court)
- Jupiter v. State, 308 Ga.App. 386 (Ga. App. 2011) (reaffirming appellate review of suppression under any evidence standard)
- Bobbitt, Williams cited within opinion, 195 Ga.App. 566; 196 Ga.App. 682 (Ga. App. 1990; Ga. App. 1990) (credibility and consent issues in suppression)