Register v. State
315 Ga. App. 776
| Ga. Ct. App. | 2012Background
- Anonymous caller reported drug transaction at the Friendly Gus; described white male with pill-for-money exchange, white Chevrolet van, and a white female passenger.
- Caller provided the van's tag number and stated the van would be observed until police arrived.
- Police chief followed the van, verified the tag, and observed evasion-like driving; he stopped the van and knew Travis Register driving and Brandy Register as a passenger.
- Travis consented to a search of the van; Brandy was asked to step out and, after interaction, retrieved a gold case from her bra containing Xanax and Oxycodone.
- Trial court found the information supplied by the concerned citizen created articulable suspicion to stop and investigate narcotics possession.
- On appeal, Brandy challenged the stop as unsupported by reasonable suspicion; the case was reviewed interlocutorily and the majority reversed, suppressing Brandy's gold-case contents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop the vehicle? | Register argues lack of reasonable suspicion. | State contends tip corroborated enough to justify the stop. | No; tip insufficiently reliable to establish reasonable suspicion. |
| Should evidence obtained from Brandy be suppressed due to taint from an unlawful stop? | Taint from illegal stop requires suppression of Brandy's gold-case contents. | Not explicitly stated here; argues legality of stop based on tip. | Yes; taint requires suppression of the gold-case contents. |
| Does anonymous tip reliability justify a stop when corroborated? | Tip lacks predictive or inside information; reliability insufficient. | Anonymous tips can be reliable if corroborated by police observations. | Insufficient indicia of reliability to justify the stop. |
Key Cases Cited
- Wilder v. State, 290 Ga. 13 (Ga. 2011) (review of suppression rulings; findings upheld unless clearly erroneous)
- Dukes v. State, 279 Ga. App. 247 (Ga. App. 2006) (corroboration of an anonymous tip may justify a stop if reliability shown)
- VonLinsowe v. State, 213 Ga. App. 619 (Ga. App. 1994) (corroboration must forecast future actions; reliable details about suspects)
- Britton v. State, 220 Ga. App. 120 (Ga. App. 1996) (anonymous tip with some reliability can justify a stop)
- Alabama v. White, 496 U.S. 325 (U.S. 1990) (totality of circumstances; future-prediction details can justify stop)
- Smith v. State, 288 Ga. App. 87 (Ga. App. 2007) (tips alone not corroborated or reliable enough to justify stop)