Schweitzer v. State
319 Ga. App. 837
Ga. Ct. App.2013Background
- Uniformed officer observed a truck matching theft descriptions and stopped it for misregistered license plate.
- Schweitzer identified herself as the owner’s passenger and provided a name later corrected to Stephanie Schweitzer.
- Officer arrested Schweitzer after verifying an outstanding warrant for failure to appear.
- Purse was removed from the vehicle and placed on the truck hood; Schweitzer told the officer not to search it.
- Officer searched the purse as part of booking/inventory procedures, finding what appeared to be methamphetamine in a change purse.
- Trial court denied suppression; appellate court affirmed, applying inevitable discovery due to jail inventory process and policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether inevitable discovery bars suppression | Schweitzer | State | Inevitable discovery applies; contents would have been discovered via booking inventory. |
| Whether Schweitzer had standing to challenge the purse search | Schweitzer | State | Schweitzer had standing; purse was hers and within privacy interest. |
| Whether the purse search was permissible as incident to arrest or inventory policy | Schweitzer | State | Search upheld under inventory policy; not necessary to decide alternative ground. |
Key Cases Cited
- State v. Jackson, 201 Ga. App. 810 (1991) (privacy interests in purse vs vehicle search; standing)
- Taylor v. State, 274 Ga. 269 (2001) (search of items within immediate possession during lawful arrest)
- Taylor v. State, 228 Ga. App. 325 (1997) (recent possession sufficient for search incident to arrest)
- Clay v. State, 290 Ga. 822 (2012) (inevitable discovery analysis)
- Stringer v. State, 285 Ga. App. 599 (2007) (police protection of property during booking)