O'NEAL v. State
311 Ga. App. 102
| Ga. Ct. App. | 2011Background
- April 29, 2010, Deputy Skinner stopped O'Neal for an unrestrained child; two unrestrained minors ultimately observed.
- Deputies suspected possible drug or alcohol impairment due to O'Neal's disoriented behavior.
- O'Neal refused a vehicle search after being asked during the stop.
- Deputy Jones arrived; O'Neal grabbed Jones's arm and was taken into custody.
- O'Neal then stated he possessed marijuana and had marijuana pipes in the truck; deputies found marijuana and oxycodone in the vehicle.
- Trial court denied suppression; O'Neal was convicted after a bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search of the truck was tainted by an unlawful pat-down | O'Neal argues pat-down invalidates search | State contends no pat-down occurred and arrest justified search | Search lawful; no pat-down occurred prior to seizure |
| Whether O'Neal's custodial statements were in response to questions | Statements were coerced by interrogation | Statements were not responses to questions | Statements not in response to deputies' questioning; suppression affirmed not warranted |
| Whether the warrantless truck search was justified under the automobile exception | Probable cause shown by statements; no exigency needed | Need exigent circumstances for warrantless search | Warrantless search valid under automobile exception; probable cause shown |
Key Cases Cited
- Clark v. State, 305 Ga.App. 699 (2010) (authority for stop for child restraint violation)
- Lentsch v. State, 252 Ga.App. 655 (2001) (pat-down issue not reached where no pat-down occurred)
- Meadows v. State, 303 Ga.App. 40 (2010) (arrestee not justified in resisting unless officer first attacks)
- Gonzalez v. State, 299 Ga.App. 777 (2009) (credibility determinations upheld where supported by record)
- State v. Sarden, 305 Ga.App. 587 (2010) (automobile exception to warrant requirement; probable cause sufficient)