Wilson v. State
308 Ga. App. 383
Ga. Ct. App.2011Background
- On Oct. 22, 2009, Wilson was stopped for multiple traffic violations and a front-seat passenger was present.
- An officer noticed a Food Lion grocery basket in the backseat; Wilson took unusually long to retrieve his wallet and showed possible impairment.
- Wilson produced an insurance card but could not locate his license; he exited the vehicle and appeared to sway with dilated pupils.
- Wilson consented to a search; in a hand basket the officer found two bags with ice cream and batteries, not paid for; Wilson claimed only ice cream was purchased.
- Wilson admitted taking Lortab earlier; a second officer performed an HGN test but Wilson could not complete it due to an apparent disability; the officer formed probable cause for DUI arrest.
- Upon arrest, Wilson’s wallet yielded two blue pills; he said they were Xanax without a prescription; blood drawn later tested positive for Xanax and Lortab; the Battery evidence linked to the store; motion to suppress denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial car search valid under consent during a lawful stop? | Wilson consented; search valid under consent exception. | Search tainted by pretextual stop and lack of probable cause. | Consent search upheld; no Fourth Amendment violation. |
| Was the DUI arrest supported by probable cause and the subsequent search of items found valid? | Arrest lacked probable cause or invalidated search. | Officer observations furnished probable cause; consent remained valid. | Arrest supported; consent search valid and batteries/pills lawfully seized. |
Key Cases Cited
- Hunter v. State, 190 Ga.App. 52 (Ga. App. 1989) (consent during valid traffic stop permits search)
- Blitch v. State, 281 Ga. 125 (Ga. 2006) (consent exception to warrant/probable cause rule)
- Salmeron v. State, 280 Ga. 735 (Ga. 2006) (compiled consent search doctrine during traffic stop)
- Lawrence v. State, 157 Ga.App. 264 (Ga. App. 1981) (observational basis for DUI probable cause)
- Castaneda v. State, 292 Ga.App. 390 (Ga. App. 2008) (drunkenness indicators can provide probable cause for DUI arrest)
- Bell v. State, 162 Ga. App. 79 (Ga. App. 1982) (continuing applicability of consent to subsequent searches)
- Woods v. State, 258 Ga. 540 (Ga. 1988) (consent validity and withdrawal considerations)