Parker v. State
317 Ga. App. 93
| Ga. Ct. App. | 2012Background
- Parker was convicted after a bench trial of possession of marijuana and driving on the wrong side of the road.
- A Suwanee officer stopped Parker after observing him cross a double yellow line and drive in the opposite lane; odor of marijuana was detected from the vehicle.
- Parker admitted marijuana and indicated its location; a search of the center console yielded 0.2 grams of marijuana and a pipe.
- Parker owned the vehicle but admitted family members were primary drivers; he knew of the boys’ drug use and suspected they had smoked in the car.
- The trial court denied Parker’s motion to suppress and later found him guilty on both counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the traffic stop supported by reasonable suspicion? | Parker | Parker | Stop upheld; driving on the wrong side violated traffic laws, giving reasonable basis for the stop. |
| Did the questioning and search exceed the scope of the stop? | Parker | Parker | No undue prolongation; questioning about marijuana and search were permissible during routine detention. |
| Was there sufficient evidence of possession of marijuana? | Parker | Parker | Evidence supported possession; Parker's knowledge of marijuana and its location rebutted any equal-access presumption. |
| Was Parker properly convicted of driving on the wrong side of the road? | Parker | Parker | Conviction upheld; no obstruction shown to justify crossing the double line. |
Key Cases Cited
- Herring v. State, 279 Ga. App. 162 (Ga. App. 2006) (suppression ruling deferrable to trial court findings)
- Dunbar v. State, 283 Ga. App. 872 (Ga. App. 2007) (traffic-stop justification by traffic offense; totality of circumstances)
- Arnold v. State, 315 Ga. App. 798 (Ga. App. 2012) (detention may be expanded to unrelated offenses; questioning/search permissible)
- Przyjemski v. State, 290 Ga. App. 22 (Ga. App. 2008) (no obstruction exception to no-passing rule; obstruction must be examined factually)
- Nix v. State, 312 Ga. App. 43 (Ga. App. 2011) (possession presumption rebutted by equal access; factfinder weighs evidence)
- Johnson v. State, 268 Ga. App. 808 (Ga. App. 2004) (equal-access evidence and possession in automobile)