Adams v. State

498 S.E.2d 268, 269 Ga. 405
CourtSupreme Court of Georgia
DecidedMay 4, 1998
DocketS98A0341
StatusPublished
Cited by11 cases

This text of 498 S.E.2d 268 (Adams v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. State, 498 S.E.2d 268, 269 Ga. 405 (Ga. 1998).

Opinions

Thompson, Justice.

In this case of first impression, we are called upon to decide the facial validity of OCGA § 17-10-15 (b).1 That statute permits the victim of a crime involving significant exposure to HIV to request that the person arrested for the crime submit to an HIV blood test. If the person arrested refuses to submit to such a test, the statute enables the judge of the superior court in which the charge is pending to order one. Appellant challenges the statute on Fourth Amendment, right of privacy, and equal protection grounds. We reject appellant’s challenges and uphold the constitutionality of the statute.

The Facts and Procedural History

On October 3, 1997, Detective Mark Woods and Officer Larry Hill of the Waycross Police Department attempted to arrest appellant in a store. When the officers approached appellant, he attacked them and a struggle ensued. Appellant had a bandage on his hand, and blood was seeping through it. Woods’ fingers were cut during the course of the struggle, and he was bleeding, too.

Although, outwardly, appellant exhibited no signs of having contracted AIDS, the State filed a motion to compel him to submit to an HIV test pursuant to OCGA § 17-10-15 (b). At a hearing held in superior court pursuant to that statute, Woods testified that appellant’s wounded hand and his own cut fingers touched each other and that, although he could not be 100 percent certain, it was “possible” that appellant’s blood came into contact with his own.

The superior court granted the State’s motion to compel an HIV test. Appellant’s request for a stay pending appeal was denied and he was tested for HIV.2 This appeal followed.

Testing for HIV

Recent cases and legal literature3 concerned with HIV testing refer primarily to two tests which are used to determine whether a person has HIV — the enzyme-linked immunosorbent assay and the Western Blot. The tests are performed on a drawn sample of blood. [406]*406Used in combination, the tests are considered to be reasonably accurate. However, the tests do not detect the presence of the virus itself; they only detect whether the body has created antibodies in response to the virus. And because these antibodies can take a number of months to develop,4 a negative test result does not necessarily mean that the individual tested does not have HIV.

The Legislation

OCGA § 17-10-15 (b) provides:

A victim or the parent or legal guardian of a minor or incompetent victim of a sexual offense as defined in Code Section 31-22-9.1 or other crime which involves significant exposure as defined by subsection (g) of this Code section may request that the agency responsible for prosecuting the alleged offense request that the person arrested for such offense submit to a test for the human immunodeficiency virus and consent to the release of the test results to the victim. If the person so arrested declines to submit to such a test, the judge of the superior court in which the criminal charge is pending, upon a showing of probable cause that the person arrested for the offense committed the alleged crime and that significant exposure occurred, may order the test to be performed in compliance with the rules adopted by the Department of Human Resources. The cost of the test shall be borne by the victim or by the arrested person, in the discretion of the court.

The term “significant exposure” is defined in subsection (g) of Code section 17-10-15 as follows:

contact of the victim’s ruptured or broken skin or mucous membranes with the blood or body fluids of the person arrested for such offense, other than tears, saliva, or perspiration, of a magnitude that the Centers for Disease Control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus.

The purpose behind this legislation is expressed in Ga. L. 1988, p. 1799, § 1:

[407]*407The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a great threat to the health, safety and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intravenous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and counseling our citizens can learn how the disease is transmitted and, thus, how to protect themselves and prevent its spread. The Department of Human Resources is encouraged to continue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection.

Discussion

1. Appellant asserts that OCGA § 17-10-15 (b) violates the Fourth Amendment. Of course, an intrusion into the body for the taking and sampling of blood constitutes a search and seizure under the Fourth Amendment. Skinner v. Railway Labor Executives’ Assn., 489 U. S. 602, 616 (109 SC 1402, 103 LE2d 639) (1989). However, the Fourth Amendment does not ban all searches and seizures — only those deemed to be unreasonable. Id. What is reasonable “ ‘depends on all of the circumstances surrounding the search or seizure and the nature of the search or seizure itself.’ ” Id. at 619.

In the criminal context, we measure the reasonableness of a search with a “probable cause” yardstick. However, a probable cause analysis is impracticable when it comes to cases involving special governmental needs, i.e., cases which exceed the ordinary needs of law enforcement. Id. In cases of that kind, a warrant and individualized suspicion may be unnecessary. This is such a case. State in Interest ofJ. G, 701 A2d 1260, 1266 (N.J. 1997); Fosman v. State, 664 S2d 1163, 1165 (Fla. App. 1995).

In “special needs” cases, we must balance the government’s need to search against the invasion occasioned by the search. And the [408]*408search will be deemed reasonable if the government’s interest can be said to outweigh the interest of the individual. Skinner, 489 U. S. at 619, supra; People v. Adams, 597 NE2d 574 (Ill. 1992).

The government’s interest in adopting laws designed to stem the AIDS epidemic is certainly compelling.

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Adams v. State
498 S.E.2d 268 (Supreme Court of Georgia, 1998)

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Bluebook (online)
498 S.E.2d 268, 269 Ga. 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-ga-1998.