Bryant v. State

756 S.E.2d 621, 326 Ga. App. 385, 2014 Fulton County D. Rep. 819, 2014 WL 1060349, 2014 Ga. App. LEXIS 186
CourtCourt of Appeals of Georgia
DecidedMarch 20, 2014
DocketA13A2320
StatusPublished
Cited by8 cases

This text of 756 S.E.2d 621 (Bryant 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
Bryant v. State, 756 S.E.2d 621, 326 Ga. App. 385, 2014 Fulton County D. Rep. 819, 2014 WL 1060349, 2014 Ga. App. LEXIS 186 (Ga. Ct. App. 2014).

Opinion

McFADDEN, Judge.

Cedric Demetrius Bryant was convicted of cocaine trafficking and obstructing an officer. He appeals the denial of his motion to suppress evidence, arguing that a police officer unlawfully detained him after an initial traffic stop had ended. We find that Bryant waived [386]*386this argument by failing to raise it below. Even if Bryant had not waived this argument, the evidence supports the conclusion that the officer was still in the process of writing a warning citation when the driver consented to a search of the car. For these reasons, we affirm the trial court’s denial of Bryant’s motion to suppress and affirm his convictions.

Just before trial, the court conducted a hearing on the motion to suppress. The trial court orally denied the motion to suppress, but there is no written order in the record.

Nonetheless, a trial judge is not required to make findings of fact after a hearing on a motion to suppress. When reviewing a trial court’s decision on a motion to suppress, this court’s responsibility is to ensure that there was a substantial basis for the decision. The evidence is construed most favorably to uphold the findings and judgment, and the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous. Further, since the trial court sits as the trier of fact, its findings are analogous to a jury verdict and will not be disturbed if there is any evidence to support them. Although we are without specific findings in this case, in reviewing the denial of a motion to suppress, this [c]ourt may consider both the transcript of the motion hearing and the trial transcript.

Barnes v. State, 228 Ga. App. 44 (491 SE2d 116) (1997) (citations and punctuation omitted).

Viewed with these principles in mind, the evidence shows that Deputy Timothy Charles Scott with the Douglas County Sheriff’s Office stopped the Buick in which Bryant was a passenger because the car’s dealer drive-out tag did not display all the required information. Scott noticed three cell phones in the car, even though there were only two occupants — Bryant and the driver. The driver handed Scott all the documents Scott requested: his driver’s license, proof of insurance, and a bill of sale. Scott then returned to his patrol car to run the information on the computer and to verify the paperwork.

Scott returned to the Buick and asked the driver to step out. Scott and the driver walked to the area between the Buick and the patrol car, and Scott informed the driver that he had decided to issue a warning citation for the dealer drive-out tag violation, which would not cost the driver anything and would not go on his record. In Scott’s 18 years as a law enforcement officer, it had been his experience that once he informs drivers that they will receive only a warning, they are relieved. But this driver seemed worried, as evidenced by his short [387]*387answers and his eyes. While Scott was writing the citation, he conversed with the driver. He asked the driver what took him to Birmingham, and the driver said he was going to see a friend. Scott asked the driver if he had to take off the day from work, and the driver said that he is out of work and disabled. Scott was suspicious, given that the driver had three cell phones and a new car.

The driver put his hands in his pocket, so Scott asked if he could check him for weapons. The driver responded affirmatively, so Scott patted him down. Scott felt a large amount of folded money in the driver’s pocket. The driver said it was $300 or $400. Scott thought this, too, was suspicious, given the driver’s claim that he was out of work on disability.

Scott needed the vehicle identification number to complete the warning citation. He walked back to the Buick and asked Bryant to read him the vehicle identification number from one of the documents because he had forgotten to write it down. Scott began talking to Bryant. Bryant did not know where they were going, did not know the name of the friend they were visiting, did not know how long he was going to be away, and did not have an overnight bag. Bryant was so nervous that Scott thought he must have a warrant out for his arrest.

Scott walked back to the driver and asked him the year of the car. He asked the driver if he had anything illegal in the car, and the driver responded no. Scott asked the driver for consent to search the car. The driver consented. Scott then asked the driver to sign the citation and confirmed that he had consent to search.

Scott called for backup. While Scott talked with the driver, the backup officer was interacting with Bryant. Suddenly, Bryant fled into the woods, and the backup officer gave chase. Scott secured the driver of the Buick in the police car, and then ran into the woods to assist the backup officer. When Scott came upon the backup officer and Bryant, they were fighting. Bryant ignored the officers’ commands to stop resisting. As Scott held Bryant in a bear hold, Bryant reached into his pants, removed a duct-taped package and threw it down. The package contained 499.88 grams of cocaine that was 61.7 percent pure.

Deputy Scott’s dashboard camera recorded the stop, and the recording was played for the judge when he ruled on the motion to suppress and for the jury at trial.

Bryant argues on appeal that Scott unlawfully detained him after the initial traffic stop had ended when Scott said that he would only issue a warning citation. But Bryant did not raise this argument in his motion to suppress or at the hearing on the motion. He therefore has waived the argument. Locher v. State, 293 Ga. App. 67, 68-69 (1) (666 SE2d 468) (2008). At the hearing on the motion, Bryant joined [388]*388his co-defendant’s argument that Scott impermissibly exceeded the scope of the stop by asking several questions unrelated to the stop. Even in response to the state’s position that Scott had not finished writing the warning citation when he obtained the driver’s consent to search, counsel did not argue that the stop ended when Scott said he would issue a warning citation. “In challenging a trial court’s denial of a motion to suppress, a defendant may not argue on appeal grounds that he did not argue (and obtain a ruling on) below. Notwithstanding his waiver, however, [Bryant’s] argument is unavailing.” Bryant v. State, 288 Ga. 876, 894 (13) (b) (708 SE2d 362) (2011) (citations and punctuation omitted).

Our Supreme Court addressed consents to search elicited during traffic stops in Salmeron v. State, 280 Ga. 735 (1) (632 SE2d 645) (2006), ruling that

the Fourth Amendment is not violated when, during the course of a valid traffic stop, an officer requests of the driver consent to conduct a search. If a driver is questioned and gives consent while [he] is being lawfully detained during a traffic stop, there is no Fourth Amendment violation.

Blitch v. State, 281 Ga. 125, 125-126 (1) (636 SE2d 545) (2006) (citation and punctuation omitted). “However, a seizure that is justified solely by the interest in issuing a warning ticket to the driver can become unlawful if it is prolonged beyond the time reasonably required to complete that mission.” Salmeron, supra, 280 Ga. at 736 (1) (punctuation omitted), quoting Illinois v. Caballes, 543 U. S. 405, 407 (125 SCt 834, 160 LE2d 842) (2005).

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Cite This Page — Counsel Stack

Bluebook (online)
756 S.E.2d 621, 326 Ga. App. 385, 2014 Fulton County D. Rep. 819, 2014 WL 1060349, 2014 Ga. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-state-gactapp-2014.