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332 Ga. App. 463
Ga. Ct. App.
2015
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Background

  • 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)
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Case Details

Case Name: The State v. Lucas
Court Name: Court of Appeals of Georgia
Date Published: Jun 10, 2015
Citations: 332 Ga. App. 463; 773 S.E.2d 419; A15A0620
Docket Number: A15A0620
Court Abbreviation: Ga. Ct. App.
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