State v. Swift
Decision Date | 25 June 1974 |
Docket Number | No. 28922,28922 |
Citation | 232 Ga. 535,207 S.E.2d 459 |
Parties | The STATE v. Michael SWIFT. |
Court | Georgia Supreme Court |
Glenn Thomas, Jr., Dist. Atty., Jesup, Arthur K. Bolton, Atty. Gen., R. David Petersen, Deputy Asst. Atty. Gen., Atlanta, for appellant.
J. S. Hutto & Associates, P.C., Randall M. Clark, Edward E. Boshears, Brunswick, for appellee.
Syllabus Opinion by the Court
In March, 1973, a rock festival was held on Jekyll Island. A roadblock was set up by city and county law enforcement personnel to check for drivers' licenses, for car inspection stickers and registrations, for fugitives and for runaways. At times members of the Georgia State Patrol were present. When the car in which Michael Swift was riding was stopped at the roadblock, an officer testified that he walked around the car and saw green vegetation on the floormat which he identified as marijuana. A search of the car was then conducted and a bag of marijuana was found in the glove compartment. Swift was arrested and charged with marijuana possession. Swift contended that the officer did not see marijuana on the floormat and conducted an illegal search of his car. He moved to suppress the evidence which was denied by the trial court. A majority of the Court of Appeals reversed this ruling because they found that the roadblock was illegal and a subterfuge. We granted the writ of certiorari to review this judgment. Held:
Myricks v. United States, 5 Cir., 370 F.2d 901, 904; Connor v. State, 130 Ga.App. 74, 202 S.E.2d 200.
Law enforcement officers may arrest 'persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation, providing said offense is committed in his presence.' Ga.L.1969, p. 759 (Code Ann. § 27-222).
On motion to suppress evidence, the trial judge sits as the trier of the facts, hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing cou...
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State v. Young
...302 F.Supp. 99 (N.D.Me.1969) (search of Job Corps attendee by federal official charged with maintaining discipline); State v. Swift, 232 Ga. 535, 207 S.E.2d 459 (roadblocks); Ridley v. State, 232 Ga. 646, 208 S.E.2d 466 (inprison searches). This list, though long, does not by any means deta......
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Little v. State
...States v. Croft, 429 F.2d 884 (10th Cir.1970) (same); United States v. Obregon, 573 F.Supp. 876 (D.N.M.1983) (same); State v. Swift, 232 Ga. 535, 207 S.E.2d 459 (1974) (sustaining validity of license and registration checkpoint set up outside a rock music concert); State v. Roberson, 165 Ga......
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Orkin v. State
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Hatcher v. State, 52645
...of items within it. This principle is illustrated by the holdings in Swift v. State, 131 Ga.App. 231, 206 S.E.2d 51, and State v. Swift, 232 Ga. 535, 207 S.E.2d 459. Law enforcement officers, on the weekend of a rock concert on Jekyll Island, set up a roadblock on an island access road for ......