Berry v. State

547 S.E.2d 664, 248 Ga. App. 874, 2001 Fulton County D. Rep. 1295, 2001 Ga. App. LEXIS 418
CourtCourt of Appeals of Georgia
DecidedMarch 30, 2001
DocketA00A1912
StatusPublished
Cited by30 cases

This text of 547 S.E.2d 664 (Berry v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berry v. State, 547 S.E.2d 664, 248 Ga. App. 874, 2001 Fulton County D. Rep. 1295, 2001 Ga. App. LEXIS 418 (Ga. Ct. App. 2001).

Opinions

Barnes, Judge.

Pursuant to the grant of an interlocutory appeal, Henry Lorenzo Berry appeals the superior court’s denial of his motion to suppress evidence seized from his car after a traffic stop. He contends the trial court erred by holding that the search did not violate Art. I, Sec. I, Par. XIII of the Georgia Constitution (1983) or OCGA § 17-5-1.

The entire incident was videotaped by a camera in the police car, and the video was shown to the court. The video and the officer’s testimony show that Berry was traveling alone at about 10:00 a.m. when he was stopped on 1-20 by a City of Conyers police officer for driving a car with a dealer’s drive-out license tag. The officer was a narcotics officer who apparently was on routine patrol with his drug dog and his partner. The video shows that the two police officers approached the car on both sides and looked in the car.

[875]*875Although some comments are inaudible, the following is a transcript of the stop as shown on the videotape:

[10:05:23 a.m.]
OFFICER: Hey, how are you doing? May I see your driver’s license and insurance please? Mr. Berry, you step out here and I’ll explain why I stopped you. I don’t like standing with my back to that traffic. The reason I stopped you is that you don’t have a tag on it. How long have you had the car?
BERRY: Just rented it and went to see my son in Atlanta. OFFICER: You rented it.
BERRY: Yes sir.
OFFICER: Where you headed to?
BERRY: I’m going to [inaudible] — Did I do something wrong or something?
OFFICER: It’s because you don’t have a tag. A lot of times we get a lot of stolen vehicles this way. I mean it’s nothing for somebody to come up and take this one off, go to a car lot and put it on there and take off with it.
OFFICER: Where you coming from?
BERRY: Atlanta. See my son.
OFFICER: See your son.
OFFICER: All that rain didn’t scare you off, did it?
BERRY: No, it didn’t.
OFFICER: How long did you stay?
BERRY: Not that long, I didn’t stay long.
OFFICER: A day? Two weeks? A week?
BERRY: Not long.
OFFICER: Not long?
BERRY: Not long.
[10:06:50 a.m. — Officer calls in Berry’s driver’s license information: black male from South Carolina 001958331.]
OFFICER: You have a regular car of your own?
BERRY: Uh, yes sir.
OFFICER: What is it?
BERRY: Just a pickup.
OFFICER: You got a pickup —. It wasn’t in good shape to drive down here?
BERRY: [Nodded head.]
OFFICER: I’m going to run a quick check on your license to make sure everything is all right.
OFFICER: Wherebouts does your son live at in Atlanta?
[10:07:38 a.m.]
BERRY: Uh, uh, Decatur.
[876]*876[10:07:43 a.m.]
OFFICER: Decatur.
OFFICER: Everything all right; he wasn’t sick now was he? BERRY: Well, I always gotta check on him.
OFFICER: How old is he?
BERRY: 22.
OFFICER: 22.
OFFICER: He going to school down there?
BERRY: No, he’s working.
OFFICER: Working. [Officer looks at paperwork.]
OFFICER: They only charged you 80 bucks to rent it? BERRY: $75, that’s with tax.
OFFICER: That’s the tax was it?
BERRY: Yes, officer.
OFFICER: That ain’t bad.
OFFICER: When did you come down?
BERRY: Early this morning.
OFFICER: Early this morning?
OFFICER: I’m just trying to kill time while we are waiting on the [inaudible].
OFFICER: Is he a good boy? Does he stay in trouble a lot or —?
BERRY: Well, that’s why I got to check on him.
OFFICER: You gotta check on him. He never been in —. BERRY: He don’t have a job right now. You got any children, got any children, you know how it is.
OFFICER: I gotta two and a half month old.
BERRY: You ain’t getting there yet.
OFFICER: I ain’t there yet.
BERRY: You ain’t there yet.
OFFICER: All right, you don’t have any guns or knives or weapons or anything? You don’t mind if I pat you down right quick for my safety? You don’t have to put your hands up. You’re fine.
[The officer pats down Berry. At 10:09:22 a.m., the officer walks to the front of the car and apparently copies down the vehicle identification number. While he is doing this, the other officer comes from the front of the car and stands by Berry. After copying the VIN, the first officer walks around the car looking in the windows. The officer calls in the VIN at 10:09:57 a.m. and resumes questioning.]
OFFICER: Mr. Henry, how often you travel back and forth?
BERRY: Not much. Whenever my son in trouble.
OFFICER: Whenever he’s in trouble.
BERRY: Yeah. I have a sister that lives in [inaudible], but [877]*877this time I came to see my son.
OFFICER: You came to see your son.
OFFICER: Um, I-20’s a big interstate, runs right here through the City of Conyers. We got a big problem with people with guns, drugs, narcotics, dead bodies, and stuff like that. You don’t have anything illegal in your vehicle?
BERRY: No.
OFFICER: Would you mind if I take a quick search of your vehicle?
BERRY: No, not my vehicle.
OFFICER: Well, I mean it’s rented to you. So, I mean, that’s why I’m asking you.
BERRY: Not really no. I haven’t did anything, you know?
OFFICER: You saying I can or can’t?
BERRY: Well, I don’t, you know, it’s up to you, but I said no. I say no.
OFFICER: OK, you say no, OK. That’s fine.

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Bluebook (online)
547 S.E.2d 664, 248 Ga. App. 874, 2001 Fulton County D. Rep. 1295, 2001 Ga. App. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-state-gactapp-2001.