Merriweather v. State, A97A1192
| Decision Date | 25 August 1997 |
| Docket Number | No. A97A1192,A97A1192 |
| Citation | 228 Ga.App. 246,491 S.E.2d 467 |
| Parties | , 97 FCDR 3281 MERRIWEATHER v. The STATE. |
| Court | Georgia Court of Appeals |
John R. Greco, Atlanta, for appellant.
Thomas J. Charron, District Attorney, Debra H. Bernes, Nancy I. Jordan, W. Thomas Weathers III, Assistant District Attorneys, for appellee.
Defendant filed this appeal challenging the denial of his motion to suppress after being convicted for possession of cocaine with intent to distribute. The evidence adduced at the motion to suppress hearing reveals the following: Officers David Barnes and Cliff Kelker of the Marietta Police Department observed defendant at about 10:00 p.m. on February 4, 1995, displaying an object to the driver of a car that was illegally stopped on a street known for illegal drug activity. 1 Officer Kelker noticed that the object defendant was displaying was a paper towel and he watched the driver of the stopped car give defendant money. Both officers perceived that defendant was startled when their police cruiser appeared, they both watched defendant suddenly turn and walk away as they drove into sight, and they both saw the driver of the illegally parked car flee the moment defendant turned and walked away. The officers noticed that defendant had money in one hand and an object in the other and they both watched defendant put this object in his mouth as he turned from the driver of the parked car. Officer Kelker specifically noticed that this object was the paper towel defendant was displaying to the driver of the illegally parked car and he remembered watching as defendant "balled it up[,] tossed it in his mouth and began to walk away."
The officers stopped defendant and Officer Barnes "asked him what he had in his mouth; [but defendant] made no reply." Officer Barnes ordered defendant "to open his mouth, [and when defendant complied, Officer Barnes] saw a paper towel wrapped up...." According to Officer Kelker, the officers then directed defendant "to spit out what he had in his mouth, [but] he wouldn't spit it out, he was chewing on it, couldn't talk...." Officer Barnes responded by "affect[ing] a Heimlich Maneuver on [defendant], causing this item to come out of his mouth." Officer Barnes explained that he executed this maneuver by moving "directly behind [defendant], [making] a fist with [his] other hand, [forcing his] fist upward underneath [defendant's] ribs cage [and thereby] forcing [defendant] to spit the [contraband out of his mouth]." "Inside [the officers] found five rocks of crack cocaine." Held:
1. Defendant contends "there was no particularized suspicion of criminal activity to justify [his] detention and arrest...." We do not agree.
" ' " Jones v. State, 216 Ga.App. 449, 450, 454 S.E.2d 631. In the case sub judice, Officer Barnes not only testified that he observed defendant standing at an intersection known for illegal drug activity, he testified that he observed defendant display something to the driver of an illegally stopped car and that he observed defendant abruptly turn and walk away when the officers' police cruiser appeared. Officer Barnes also testified that he observed defendant holding money in his hand immediately after the suspected drug transaction and that he watched defendant place an object in his mouth while turning away from the stopped vehicle. Officer Kelker testified that he perceived this object to be the paper towel he observed defendant displaying to the driver of the stopped car a few moments earlier and that he watched as defendant "balled it up[,] tossed it in his mouth and began to walk away." This evidence, and Officer Barnes' testimony that drug dealers often operate in the manner he observed defendant operating, authorizes reasonable suspicion that defendant was engaged in illegal drug activities and, thus, sustains...
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Taylor v. State, A99A1578.
...Police are authorized to use reasonable measures to prevent the destruction or concealment of evidence. See Merriweather v. State, 228 Ga.App. 246, 248(3), 491 S.E.2d 467 (1997). Because the methamphetamine was hidden in Taylor's pants, a search of her clothing and a visual inspection of he......
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Hughes v. State, S98A0256
...location. The officer observed no hand-to-hand contact between the men or attempted exchange of items. Compare Merriweather v. State, 228 Ga.App. 246, 491 S.E.2d 467 (1997) and Lambright v. State, 226 Ga.App. 424(1), 487 S.E.2d 59 (1997). The officer observed no traffic infractions, saw not......
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Harkleroad v. State, A12A1079.
...10.Id.; see also Ruffin v. State, 201 Ga.App. 792(1), 412 S.E.2d 850 (1991). 11. (Citation omitted.) Merriweather v. State, 228 Ga.App. 246, 248(3), 491 S.E.2d 467 (1997). 12. See Hann v. State, 292 Ga.App. 719, 721(2), 665 S.E.2d 731 (2008) (as trier of fact, a trial court did not clearly ......
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Smith v. State
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