Rogue v. State
311 Ga. App. 421
Ga. Ct. App.2011Background
- Rogue, a passenger, was in a vehicle stopped for window tint; the officer asked the driver for consent to search the vehicle and Rogue to step out.
- The officer performed a pat-down of Rogue for weapons before Rogue handed over his wallet.
- The wallet was searched; a clear bag with a white powdery substance, appearing to be cocaine, was found.
- The trial court denied Rogue's motion to suppress, finding his consent to search the wallet voluntary and not tainted by the pat-down.
- Rogue was convicted at a bench trial, and the Court of Appeals affirmed, holding the evidence supported the voluntariness of consent and that the pat-down did not bar the subsequent consent search.
- Procedural posture: denial of suppression motion upheld and conviction affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Rogue's wallet-search consent tainted by the prior pat-down? | Rogue | Rogue contends pat-down invalidated consent | No; taint not applied to subsequent consent search. |
| Was Rogue's consent to search the wallet voluntary? | State | Rogue's voluntariness questioned due to pat-down | Yes; consent voluntary as found by the trial court. |
| Did the stop and frisk violate Fourth Amendment standards for a stop versus a frisk? | State | Frisk excessive given lack of reasonable suspicion | Stop valid; frisk not supported by reasonable suspicion. |
| Is there evidentiary support for the trial court's findings on voluntariness and taint? | State | Rogue challenges credibility of findings | Yes; substantial evidence supports voluntariness and lack of taint. |
Key Cases Cited
- State v. Rowell, 299 Ga.App. 238 (2009) (review of suppression findings in light of testimonial evidence; standard of review for trial court factual findings)
- Baker, 261 Ga.App. 258 (2003) (taint from illegal pat-down not carried to subsequent valid consent search)
- Salmeron v. State, 280 Ga. 735 (2006) (valid stop can include consent to search; identification and exit from vehicle permissible)
- Matthews v. State, 294 Ga.App. 836 (2008) (police may ask questions unrelated to stop so long as detention not unreasonably prolonged)
- Gray v. State, 296 Ga.App. 878 (2009) (voluntariness question for trial court; fact-specific inquiry)