State v. Hammond
313 Ga. App. 882
Ga. Ct. App.2012Background
- Hammond bicycled at night in a high-crime area and violated traffic laws (one-way direction, no headlight).
- Officer detained Hammond briefly to inquire about the headlight, identity, and potential drug involvement after observing nervous behavior.
- Hammond provided name/date of birth but mis-stated age; no outstanding warrants were found, as there was no photo for ID confirmation.
- Officer asked about drug paraphernalia and crack cocaine; Hammond admitted to crack pipe possession and later to crack in possession.
- A struggle occurred when officer attempted to detain Hammond; Hammond discarded a pill bottle with eight pieces of crack cocaine and attempted to grab the officer’s gun.
- Hammond was indicted on obstruction, weapon removal, cocaine possession, improperly riding/equipping a bicycle, and abandonment of a controlled substance; a motion to suppress was granted, but the trial court ruled Hammond was in custody under Miranda.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hammond was in custody for Miranda purposes during the Terry stop. | State argues detention during focus on drug inquiry did not constitute custody. | Hammond contends custody existed without Miranda warnings. | No custody for Miranda; detention was Terry-type and not custodial. |
| Whether the questioning related to drug possession exceeded the lawful scope of a traffic stop. | State argues continuation of inquiry was justified by articulable suspicion. | Hammond argues extended questioning violated stop parameters. | Questioning about drugs within a valid, brief detention did not improperly extend the stop. |
| Whether suppression was improper because Miranda warnings were not given. | State claims no custody, so no need for Miranda warnings. | Hammond argues failure to warn violated custodial suspect rights. | Trial court erred in suppressing; statements and evidence not suppressed. |
Key Cases Cited
- Lucas v. State, 284 Ga.App. 450 (2007) (non-custodial traffic-stop inquiry allowed without custody)
- Black v. State, 281 Ga.App. 40 (2006) (limits on detentions during traffic stops; articulable suspicion)
- Thomas v. State, 301 Ga.App. 198 (2009) (limits of investigative detention within traffic stops)
- Wintker v. State, 223 Ga.App. 65 (1996) (custodial arrest analysis for Miranda relevance at roadside stops)