Scott v. State
316 Ga. App. 341
Ga. Ct. App.2012Background
- Scott was a passenger in a vehicle stopped for a broken taillight, driven by Tomas Wright.
- Wright was arrested for a suspended license after fleeing on foot and was restrained with pepper spray; Scott remained at the scene.
- A certified drug recognition officer concluded Scott was under the influence; he observed dilated pupils and rigid muscle tone and saw a jewelry bag outside the car, suggesting attempted disposal of narcotics.
- Scott was arrested on a probation-violation warrant for possession of methamphetamine; the car was towed for removal from the scene.
- An inventory search, conducted prior to impounding the vehicle, revealed syringes, needles, a glass pipe with methamphetamine residue in Scott’s purse, and drug paraphernalia with residue in a backpack in the trunk (belonging to someone else).
- The trial court denied suppression; the appellate court held the impoundment and resulting inventory search were reasonable under Fourth Amendment standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for search of the car | Scott argues no probable cause to search for contraband. | Scott’s car could be searched via an inventory search after impoundment, which is permissible. | Inventory/search valid; probable cause not required due to legitimate impoundment. |
| Reasonableness of impoundment | Impoundment was unnecessary since Scott could have arranged removal. | Impoundment was reasonably necessary because no one remained to take custody and the car could impede traffic. | Impoundment reasonably necessary; inventory search valid. |
| Authority of inventory search when arrestee is detained | Owner’s preference for disposition should be considered; officer should have asked for removal options. | Officers need not consult arrestee about disposition when there is no one to take custody and immediate risk/traffic concerns exist. | Not required to obtain owner’s disposition preference; impoundment reasonable. |
Key Cases Cited
- Grizzle v. State, 310 Ga. App. 577 (2011) (inventory searches conducted after valid impoundment)
- State v. Lowe, 224 Ga. App. 228 (1997) (impoundment justified by necessity; inventory search permissible)
- Lewis v. State, 294 Ga. App. 607 (2008) (impoundment requires legitimate reason; not a pretext)
- State v. King, 237 Ga. App. 729 (1999) (officer not required to obtain arrestee’s removal preference)
- Carlisle v. State, 278 Ga. App. 528 (2006) (impoundment and inventory search framework)