State v. Brown
| Citation | 158 Ga.App. 312,279 S.E.2d 755 |
| Decision Date | 17 April 1981 |
| Docket Number | No. 61325,61325 |
| Parties | The STATE v. BROWN et al. |
| Court | Georgia Court of Appeals |
Kenneth R. Carswell, Asst. Dist. Atty., for appellant.
Henry Ross, Jack Friday, Savannah, for appellees.
Search and seizure. Kenny Brown and Vickie Brannen are charged with violations of the Georgia Controlled Substances Act. Brown additionally was charged with driving under the influence of intoxicants, making improper turns, driving without a license, and driving while his license was suspended. Ms. Brannen additionally was charged with public drunkenness. Prior to indictment, both defendants have moved to suppress certain evidence and for a Jackson-Denno hearing on the voluntariness of certain statements. At the preliminary hearing, the trial court suppressed the evidence and the motion for the Jackson-Denno hearing was abandoned. The state brings this appeal to the suppression of the evidence. Held :
The evidence relevant to this appeal indicates that police officers were alerted that a man and a woman on the premises of a service station appeared to be drunk. A police vehicle was dispatched to investigate the report. The officers observed Ms. Brannen in the vicinity of the service station building walking toward what later proved to be her vehicle. She was staggering and to all appearances, was intoxicated. Ms. Brannen entered her car, being operated by the defendant Brown. Brown drove the car to the edge of the service station property where there was an exit-entrance driveway bordering a four-lane state highway. Brown pulled the car half-way into the curb lane of the highway, with the rear half still in the driveway of the service station. While stopped, he drank from what the officer could see was a beer can. The car stayed in the driveway in the half-in/half-out position for several minutes. All the while, the police vehicle was stopped immediately behind Brannen's vehicle which was under full observation of the police officer. Brown then pulled on across the remaining lanes of the highway and turned left, proceeded a few feet, and turned right into another service station on the other side of the four-lane highway immediately across from the first station. At no time did Brown utilize any type of signal to indicate his intent to make a turn. The police officer followed Brown across the highway and activated his blue light as Brown turned into the second station. Brown dismounted his vehicle and was seen to be staggering as he walked back to the police officer's car. In the officer's opinion, Brown definitely was intoxicated. Brown was asked for a driver's license but could not produce one. Both Brown and Brannen were then arrested, he for driving while under the influence, improper turns, and driving without a license; she for public drunkenness. Because both were obviously intoxicated, it was determined to transport both defendants to jail in a police car and impound Brannen's car. The second officer drove Ms. Brannen's car. After arriving at the station, Brown repeatedly insisted that his black wallet was in the car and that his driver's license was in the wallet. A NCIC check indicated to the arresting officer that Brown's license had been suspended. Nevertheless, Brown continued to insist that his wallet was in the car with the license in it. Eventually, the arresting officer stated to Brown that he (the officer) would go to the car in the impounding lot and look in the car to see if the wallet and license could be found. On arriving at the impounding lot, the officer either opened the door or found the door open (the record is not clear) and looked in the front seat area for a black wallet, but did not see it. The officer was still standing outside the vehicle. He then glanced into the back seat area for the wallet. As he looked into the back of the car, the officer observed among much jumbled material, a brown paper bag with the top open. He immediately observed a glassine bag in plain view which contained green grassy material, which the officer from past experience believed to be marijuana. Without entering the vehicle the officer reached his hand into the brown bag and removed the glassine bag which he could see. The bag contained what appeared to be...
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Galloway v. State
...observed by the police in plain view. Thus, the legal principles that are applicable to a search are inapposite. State v. Brown, 158 Ga.App. 312, 315, 279 S.E.2d 755 (1981); State v. Brooks, 160 Ga.App. 381, 287 S.E.2d 95 (1981); State v. Nichols, 160 Ga.App. 386, 287 S.E.2d 53 "The essenti......
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...seize what is in plain sight if, as here, he is in a place where he is constitutionally entitled to be. [Cits.]" State v. Brown, 158 Ga.App. 312, 314, 279 S.E.2d 755 (1981). See also State v. Brooks, 160 Ga.App. 381, 287 S.E.2d 95 (1981). The plain view exception to the warrant requirement ......
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