335 Ga. App. 730
Ga. Ct. App.2016Background
- Marquarvis Joeanthony Camp was arrested after a Winder police officer approached him and another man following a domestic-dispute call; the officer testified he smelled an "overwhelming" odor of marijuana.
- Officer separated the two men, questioned them about the smell, pointed a taser at Camp, had Camp step toward the patrol car, and then handcuffed and searched him.
- Search uncovered a loaded revolver with the serial number removed and multiple small bags of marijuana; Camp moved to suppress all evidence.
- The trial court granted the motion to suppress, finding the officer’s use of the taser escalated the encounter to a seizure requiring probable cause and, based on credibility findings, concluding the officer could not have smelled the marijuana.
- The State appealed, arguing the officer had reasonable suspicion/probable cause based on odor testimony; the Court of Appeals affirmed, deferring to the trial court’s credibility determinations.
Issues
| Issue | State's Argument | Camp's Argument | Held |
|---|---|---|---|
| Whether the officer’s encounter became a seizure requiring probable cause | Officer smelled marijuana and thus had reasonable suspicion/probable cause to detain and search Camp | Pointing a taser and detaining Camp escalated the encounter to a seizure, requiring probable cause which was lacking | Court accepted trial court’s finding that the encounter was escalated and required probable cause (affirmed suppression) |
| Whether the officer could have detected the odor of marijuana | Officer’s uncontradicted testimony he smelled "overwhelming" green marijuana justified search | Trial court found, based on credibility, that the officer could not have smelled marijuana under the circumstances | Court upheld trial court’s credibility finding rejecting the officer’s odor testimony |
| Whether probable cause existed for the search after discounting odor testimony | Odor alone supplied probable cause to search Camp | Without odor, no articulable suspicion/probable cause to justify escalation and search | Court held no probable cause remained once odor testimony was discredited; suppression proper |
| Whether appellate court should second-guess trial court credibility determinations | State urged reversal of suppression based on record | Camp relied on trial court’s role as factfinder and credibility determinations | Court refused to overturn trial court credibility findings and affirmed suppression |
Key Cases Cited
- Perez v. State, 249 Ga. App. 399 (trial judge is factfinder in suppression hearings; credibility findings accepted unless clearly erroneous)
- Tate v. State, 264 Ga. 53 (trier of fact may disbelieve uncontradicted testimony)
- State v. Kazmierczak, 331 Ga. App. 817 (addresses weight of marijuana odor evidence for probable cause)
- In the Interest of J. B., 314 Ga. App. 678 (distinguishes tiers of police-citizen encounters and requirements to escalate detention)