VARRIANO v. State
312 Ga. App. 266
Ga. Ct. App.2011Background
- Varriano was convicted of possession of oxycodone after a bench trial.
- He appeals a denial of his motion to suppress contraband found during a consent search of the vehicle in which he sat as a passenger.
- The owner/driver gave consent to search the entire vehicle, including closed containers.
- An officer saw a closed black book bag on the rear seat; contraband was found inside the bag.
- Both the driver and Varriano acknowledged the bag belonged to Varriano.
- The court held that the driver's consent to search encompassed the entire vehicle and its containers, and affirmed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of consent to search | Varriano argues consent covered only a visual search, not closed containers. | Varriano's position is that the driver consented only to look inside, not to open the bag. | Consent to search entire vehicle includes closed containers; denial affirmed. |
Key Cases Cited
- Taylor v. State, 230 Ga.App. 749, 498 S.E.2d 113 (1998) (consent to a full-blown search includes containers)
- Corley, 201 Ga.App. 320, 411 S.E.2d 324 (1991) (scope of consent limited when officer only looks inside)
- Bowen v. State, 210 Ga.App. 348, 436 S.E.2d 76 (1993) (passenger privacy claims rely on limited consent; driver’s general consent governs)
- Hall v. State, 306 Ga.App. 484, 702 S.E.2d 483 (2010) (driver with authority to consent; scope includes containers when search authorized)
- Thomas v. State, 201 Ga.App. 292, 410 S.E.2d 786 (1991) (full search of automobile within consent)
- Garcia v. State, 207 Ga.App. 653, 428 S.E.2d 666 (1993) (scope of consent and searches within vehicle)
- Gossett v. State, 199 Ga.App. 286, 404 S.E.2d 595 (1991) (consent to search vehicle language and scope)
- State v. Selph, 261 Ga.App. 541, 583 S.E.2d 212 (2003) (probable cause and scope considerations in vehicle searches)