Mecale v. State, 75765
| Decision Date | 10 February 1988 |
| Docket Number | No. 75765,75765 |
| Citation | 186 Ga.App. 276,367 S.E.2d 52 |
| Parties | MECALE v. The STATE. |
| Court | Georgia Court of Appeals |
Thomas C. Garwood, for appellant.
Willis B. Sparks III, Dist. Atty., Phil Wiley, Kimberly S. Shumate, Wayne G. Tillis, Asst. Dist. Attys., for appellee.
Mecale filed this appeal from the denial of his motion for new trial after being found guilty of trafficking in cocaine and obstructing an officer.
The appellant was a passenger in a rented automobile being driven by the lessee, Robert Hugh Beggs. As the two men were traveling north on Interstate 75, a Georgia state patrolman observed the vehicle "weaving" in and out of its lane of traffic. Suspecting that the driver might be intoxicated, the trooper directed him to pull over to the side of the road. Beggs exited the car and, at the trooper's request, produced his driver's license and a rental agreement. Observing no further indications that Beggs was under the influence of alcohol, the trooper advised him that he intended to issue him a warning ticket for weaving. However, observing that Beggs appeared extremely nervous, he then asked him whether he was carrying any contraband or if he was "wanted" anywhere. Beggs replied "no" to both questions; but, admittedly acting on a hunch, the trooper nevertheless asked for permission to look inside his vehicle. Beggs agreed, whereupon the trooper prepared a written "consent to search" form, designating "VGCSA" as the justification for the search.
Beggs signed the form, and the trooper then asked him for the keys to the vehicle. Beggs responded by leaning inside the car and exchanging some words with the appellant, who was still seated in the front passenger seat. At this time the trooper observed the appellant remove the keys from the ignition and hand something to Beggs, who in turn gave the trooper a single key to the ignition. The trooper then asked for the trunk key, whereupon Beggs responded that he had not been given one at the rental agency.
At this time, the appellant was ordered to exit the car and to produce some identification. After searching the appellant's pockets in an unsuccessful attempt to locate the trunk key, the trooper assured him that he intended to "find out what was in the trunk," whereupon the appellant attempted unsuccessfully to flee. He was then arrested for obstructing an officer and was taken, along with Beggs and the vehicle, to the police station, where the vehicle's trunk was opened by a locksmith. The ensuing warrantless search of the trunk resulted in the seizure of a quantity of cocaine from inside a canvas bag.
Both Beggs and the appellant moved to suppress the cocaine. Beggs' motion was granted, but the trial court denied the...
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Morgan v. State
...192 Ga.App. 356, 357, 384 S.E.2d 680. As a mere passenger in the car, Blair had no standing to raise this issue. Mecale v. State, 186 Ga.App. 276, 277-278, 367 S.E.2d 52. Accordingly, the trial court did not Judgments affirmed. BANKE, P.J., and COOPER, J., concur. ...
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Lewis v. State
...which the evidence was seized or an interest in the property seized. Id., 439 U.S. at 148,99 S.Ct. 421. See also Mecale v. State, 186 Ga.App. 276, 277-278, 367 S.E.2d 52 (1988); Frederick v. State, 226 Ga.App. 540, 541(1), 487 S.E.2d 107 In this instance, there is no evidence that Lewis ass......
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Hall v. State, A96A2278
...nor a possessory interest in the automobile, nor an interest in the property seized.' Id. 439 U.S. at 148 ." Mecale v. State, 186 Ga.App. 276, 277-278, 367 S.E.2d 52 (1988). A protected privacy interest then, giving rise to standing to challenge a search of a vehicle, is a person's possesso......
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State v. Corley
...in the passenger compartment of Tanner's vehicle, citing McGhee v. State, 253 Ga. 278, 279, 319 S.E.2d 836 and Mecale v. State, 186 Ga.App. 276, 277-278, 367 S.E.2d 52. Appellee testified that he did not approach the officer's car because "what would I want to walk over to a narcotics car f......