The State v. Council.
343 Ga. App. 583
| Ga. Ct. App. | 2017Background
- On Sept. 15, 2016, Council was involved in a multi-vehicle crash; officers and emergency personnel suspected she was intoxicated.
- A DUI task-force officer detected alcohol odor, bloodshot/watery eyes, and Council admitted drinking two glasses of wine; a portable Intoxilyzer indicated alcohol.
- Council initially began HGN testing but stopped after being told other field tests were voluntary; she was polite and responsive throughout.
- Council was arrested, handcuffed, read the implied-consent notice (twice), asked questions about testing, and consented to two breath tests at the precinct after being transported there.
- At the precinct the officer removed her handcuffs and administered two breath tests; Council moved to suppress field sobriety and breath-test results.
- The trial court suppressed the HGN and ruled the breath-test administration violated Council’s Georgia Constitutional protection against self-incrimination; the State appealed as to the breath-test suppression.
Issues
| Issue | State's Argument | Council's Argument | Held |
|---|---|---|---|
| Whether administration of breath tests violated Georgia’s right against self-incrimination because Council was compelled to provide incriminating evidence | The breath tests were voluntary; the State did not coerce Council and thus no self-incrimination violation occurred | Council was compelled to submit to breath tests (and twice) in violation of Article I, Sec. I, Par. XVI of the Georgia Constitution | Reversed: under the totality of circumstances Council consented voluntarily; State did not coerce or compel the breath tests |
| Whether officer conduct (refusal to allow calls/promise to let her call later) rendered consent involuntary | Refusing phone access did not amount to coercion because she would not be allowed calls whether she submitted or refused; no promises were conditioning consent | Officer’s statements and conduct created coercive pressure, undermining voluntariness | Court found officer’s conduct did not constitute coercion under totality of circumstances; consent remained voluntary |
Key Cases Cited
- State v. Gauthier, 326 Ga. App. 473 (court reviews suppression fact-findings for clear error)
- Kendrick v. State, 335 Ga. App. 766 (breath tests are Fourth Amendment searches)
- Cuaresma v. State, 292 Ga. App. 43 (voluntariness of consent judged by totality of circumstances)
- Klink v. State, 272 Ga. 605 (prior precedent regarding breath-test compulsion discussed/overruled by subsequent Supreme Court decision)