Williams v. State
318 Ga. App. 715
Ga. Ct. App.2012Background
- Williams was found guilty of cocaine trafficking after a stipulated bench trial in Henry County.
- The conviction rests on evidence from a Terry pat-down and subsequent seizure of a bag Williams held.
- The stop occurred when a driver was pulled over for following too closely; Williams was a passenger.
- The officer conducted a pat-down of Williams after asking him to show the bag, which Williams initially resisted.
- The officer opened a rolled paper bag Williams handed over, discovering cocaine and arresting both occupants.
- Williams moved to suppress the cocaine as obtained in violation of the Fourth Amendment; the trial court denied the motion, and verdict followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the pat-down exceed Terry scope? | Williams | Williams | Yes; search exceeded Terry scope |
| Was Williams' consent to open the bag voluntary? | Williams | State | Consent not voluntary; suppression required |
Key Cases Cited
- Ware v. State, 309 Ga.App. 426 (2011) (Terry pat-down limited to safety, not for evidence collection)
- Johnson v. State, 297 Ga.App. 847 (2009) (consent must be voluntary; mere acquiescence is insufficient)
- Sudduth v. State, 288 Ga.App. 541 (2007) (reverses when pat-down reveals contraband without legitimate basis)
- Jourdan v. State, 264 Ga.App. 118 (2003) (plain view/box opening not authorized during consensual pat-down)
- Brown v. State, 293 Ga.App. 564 (2008) (cocaine seized during pat-down improperly opened; lack of weapon suspicion)
- Mason v. State, 285 Ga.App. 596 (2007) (plain-feel doctrine requires immediate identification of contraband)
- Terry v. Ohio, 392 U.S. 1 (1968) (constitutional limits of stop-and-frisk; safety purpose only)