Shell v. State
315 Ga. App. 628
| Ga. Ct. App. | 2012Background
- On Jan. 28, 2010, a law enforcement officer observed Shell driving in the center lane of I-20 at a speed that impeded normal traffic flow, prompting a traffic stop.
- The officer testified Shell’s driving created a hazard as trucks backed up behind him, and he halted Shell for impeding traffic.
- After stopping, the officer noted marijuana debris on the windowsill, two to three cellular phones, Shell’s extreme nervousness, and Shell lacked a valid driver’s license and rental-car paperwork.
- The officer asked Shell to step out and performed a pat-down, during which a large wad of cash (~$1,000) was found.
- Shell consented to a car search; in a bag on the front passenger seat the officer found a bag containing 269.34 grams of cocaine with 62.9% purity; evidence supported suppression denial.
- The trial court denied the suppression motion, and the appellate court affirmed, applying the automobile exception and probable-cause standards to uphold the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop justified by an observed traffic violation? | Shell | Shell challenges lack of articulable suspicion | Yes; stop authorized by impeding traffic statute |
| Whether the car search was valid under the automobile exception. | Shell | Consent invalid for bag | Valid; probable cause supported search of car and containers |
| Did probable cause arise from the officer’s observations to permit searching the bag or car? | Shell | Probable cause lacking for bag/vehicle | Yes; marijuana-like debris and nervous demeanor supported probable cause |
| Was the scope of Shell’s consent relevant to the search of the bag? | Shell | Consent scope contested | Not reached; probable cause permitted automobile search regardless of scope |
Key Cases Cited
- Tate v. State, 264 Ga. 53 (Ga. 1994) (standard for reviewing suppression findings remains deferential on conflicting evidence)
- Vansant v. State, 264 Ga. 319 (Ga. 1994) (clarifies appellate de novo review when facts undisputed)
- Young v. State, 310 Ga. App. 270 (Ga. App. 2011) (police may stop for observed traffic violations)
- State v. Sarden, 305 Ga. App. 587 (Ga. App. 2010) (automobile exception; search with probable cause)
- Wyoming v. Houghton, 526 U.S. 295 (U.S. 1999) (allowance to search containers in car with probable cause)
- State v. Selph, 261 Ga. App. 541 (Ga. App. 2003) (probable cause for search in vehicle)
- Barraco v. State, 244 Ga. App. 849 (Ga. App. 2000) (plain view and reasonable belief of contraband)