332 Ga. App. 463
Ga. Ct. App.2015Background
- Officer Bowles stopped Datavious Demon Lucas for speeding inside Lilburn; Lucas could not produce a driver’s license and gave his name and DOB.
- GCIC (computer) check indicated an outstanding warrant for the name Lucas provided; Lucas told the officer the warrant was for his twin brother.
- A probation officer identified Lucas by a tattoo described in the records; officers then handcuffed him and had a unit run a rapid fingerprint identification.
- The fingerprint scan returned a match and a photo matching Lucas, leading officers to arrest him and perform a search incident to arrest that uncovered contraband (Alprazolam and marijuana).
- At the suppression hearing the State did not produce a physical copy of an arrest warrant; the trial court granted Lucas’s motion to suppress, ruling the failure to produce the warrant was fatal.
- The State appealed; the Court of Appeals reviewed factual findings for clear error and legal conclusions de novo and reversed the suppression ruling.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Lucas) | Held |
|---|---|---|---|
| Whether the arrest (and search incident) was lawful absent production of a physical arrest warrant | Arrest was lawful because officers had probable cause based on GCIC entry, probation officer’s tattoo confirmation, and rapid fingerprint ID matching Lucas to the warrant | Arrest was unlawful because the State never produced the arrest warrant and the warrant allegedly belonged to Lucas’s twin | Court: Arrest lawful; information known to officers (computer warrant entry, probation confirmation, fingerprint/photo match) provided probable cause such that failure to produce a physical warrant at hearing did not invalidate the arrest |
| Whether the State’s argument that the suppression motion was untimely is reviewable | Untimely-suppression argument would defeat motion | Motion was timely; suppression ruling proper due to no warrant produced | Court: State waived untimeliness argument because it was not raised below; issue not considered on appeal |
Key Cases Cited
- Barrett v. State, 289 Ga. 197 (describing standard of review for suppression findings)
- Harvey v. State, 266 Ga. 671 (warrant information from NCIC/dispatcher can supply probable cause even if warrant later proves invalid)
- Buchanan v. State, 259 Ga. App. 272 (officer’s knowledge of an outstanding warrant from state computer check creates probable cause)
- State v. Edwards, 307 Ga. App. 267 (dispatcher’s statement of outstanding warrant supports probable cause to arrest)
- State v. Stringer, 258 Ga. 605 (distinguished in Harvey where no reliable NCIC confirmation existed)