Sellers v. the State
332 Ga. App. 14
| Ga. Ct. App. | 2015Background
- Sellers was stopped for suspected illegal window tint; trooper tested tint and found it lawful, told Sellers he would issue a warning and asked to search the vehicle; Sellers consented but the search had not begun.
- While still detained (had not yet received his license or warning), Sellers fled at high speed, sideswiped another car, and was later apprehended after a chase.
- Officers searched the roadside where the chase occurred and recovered a damaged package containing ~2.5 lbs of powder cocaine; officers found no drugs in the vehicle.
- Sellers pled guilty in state court to the misdemeanor traffic offense of following too closely and received three days (time served).
- Later Sellers was indicted in superior court on multiple felonies (trafficking, possession with intent to distribute, abandonment of drugs, bribery) plus fleeing/eluding; he moved to dismiss on procedural double jeopardy grounds and moved to suppress the cocaine.
- The superior court granted double jeopardy only as to fleeing/eluding, denied dismissal as to the felonies, and denied suppression of the cocaine; Sellers appealed.
Issues
| Issue | Plaintiff's Argument (Sellers) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether state-court plea bars superior-court prosecution under OCGA §§ 16-1-7(b) and 16-1-8(b)(1) | Sellers: The solicitor in state court knew of related felony charges (booking/disposition form and courtroom remarks), so all superior-court charges arising from same conduct must have been prosecuted together | State: The actual-knowledge test requires affirmative proof the state-court solicitor knew the other crimes arose from the same conduct; disposition form and overheard remark insufficient | Denied as to felonies. Sellers failed to show the state-court solicitor had actual knowledge; superior-court felony prosecutions may proceed (fleeing/eluding previously barred) |
| Whether roadside cocaine must be suppressed as fruit of an unlawful detention | Sellers: Stop was unreasonably prolonged after tint test cleared; any evidence from subsequent events is tainted and inadmissible | State: Even if stop was unlawfully prolonged, Sellers’ flight and discarding of drugs were intervening, voluntary criminal acts that purge any taint | Denied. Cocaine admissible because Sellers’ flight and discarding were intervening acts that purged any prior illegality |
Key Cases Cited
- Baker v. State, 257 Ga. 567 (establishing actual-knowledge test for procedural double jeopardy)
- Powe v. State, 257 Ga. 563 (actual knowledge, and limits on imputing knowledge between separate prosecuting offices)
- Turner v. State, 238 Ga. App. 438 (booking forms insufficient to prove state solicitor knew other offenses arose from same conduct)
- Walker v. State, 314 Ga. App. 67 (a defendant’s new crime in the presence of law enforcement is an intervening act that purges prior illegality)
- Reynolds v. State, 280 Ga. App. 712 (attempting to flee is a separate crime that does not depend on lawfulness of the stop)