State v. Crisanti

470 S.E.2d 314, 220 Ga. App. 705, 96 Fulton County D. Rep. 1467, 1996 Ga. App. LEXIS 345
CourtCourt of Appeals of Georgia
DecidedMarch 15, 1996
DocketA95A1851
StatusPublished
Cited by3 cases

This text of 470 S.E.2d 314 (State v. Crisanti) 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
State v. Crisanti, 470 S.E.2d 314, 220 Ga. App. 705, 96 Fulton County D. Rep. 1467, 1996 Ga. App. LEXIS 345 (Ga. Ct. App. 1996).

Opinions

Beasley, Chief Judge.

Edward Crisanti was indicted for possession of methamphetamine with intent to distribute in violation of the Georgia Controlled Substances Act. OCGA § 16-13-30 (b). The State appeals from the trial court’s order granting Crisanti’s motion to suppress.

“When an appellate court reviews a trial court’s order concerning a motion to suppress evidence, the appellate court should be guided by three principles with regard to the interpretation of the trial court’s judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge ‘hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it.’ [Cit.]

“Second, the trial court’s decision with regard to ‘questions of fact and credibility . . . must be accepted unless clearly erroneous.’ [Cit.] . . . Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment. [Cit.]” (Emphasis omitted.) Tate v. State, 264 Ga. 53, 54 (1) (440 SE2d 646) (1994).

Viewed in light of the foregoing principles, the evidence at the suppression hearing showed that on the day of the events leading to his arrest, Crisanti and two companions, Dubnoff and Rivera, purchased airline tickets for a flight from Brunswick, Georgia, to San [706]*706Francisco, with a layover in Atlanta. As the three men passed through security at the Brunswick airport, airline employees noticed one of the men carrying an electronic device in a briefcase. The man carrying the briefcase explained that it was used for carrying jewelry and contained an alarm that could be operated by a remote control. In a separate carry-on bag belonging to one of the other men, an airline employee found a fossil, a large sum of currency and a jar of white powder, which its owner said was powdered caffeine. Crisanti’s bags were also searched in the regular pre-boarding process.

The minimally trained employees assumed the electronic device in the briefcase was legal and permitted the men to board the plane with the briefcase and the bag containing the jar and currency. Upon reflection, the employees became suspicious about the briefcase and items in the other bag and contacted flight control at the Atlanta airport. They informed flight control about the electronic device in the briefcase, relating that it had a remote control and cautioning that “it could be a danger.”

In Atlanta, flight control advised the Atlanta Police Department of the situation. Approximately eight Atlanta police officers, accompanied by several bomb dogs, were joined at the airport by six agents from the Drug Enforcement Administration Airport Task Force (“DEA”). Approximately ten to fifteen minutes elapsed between the time the officers and agents assembled on the airport tarmac and the arrival of the flight. During this time, they were briefed concerning the situation.

When the men exited the plane onto the tarmac, Crisanti and Dubnoff had small carry-on bags with them, and Rivera was carrying the briefcase. DEA Agent Stevens, accompanied by Agent Roey, approached Crisanti, identified himself as a police officer and directed Crisanti to put down the bag he was carrying. Agent Stevens told Crisanti they had received information concerning an electronic device with a remote control in a briefcase and asked Crisanti to keep his hands out of his pockets. Crisanti told Agent Stevens they indeed had such a briefcase that could emit an electric shock and could be activated by remote control. He explained to Agent Stevens that he and his companions were in the jewelry business and on a trip to purchase jewelry in San Francisco. The briefcase, he said, was a security device used to carry valuable jewels but was not activated. They were also carrying large amounts of cash because they could get better deals for jewelry if they paid with cash, he further explained. After Crisanti told the agents he did not know the location of the remote control, Agent Roey patted him down in an attempt to locate it. Agent Roey did not find the remote control, but she found $5,000 in Crisanti’s pants pocket and another $5,000 in his coat pocket. Although Crisanti offered several times to open the briefcase for the [707]*707agents, they did not allow him to do so because they were concerned that the briefcase could be activated by remote control and that it might contain explosives.

As Agents Stevens and Roey were questioning Crisanti, Agent Webster approached Rivera, who was carrying the briefcase, advised him he was a police officer, and told him to put the briefcase down because he “wanted to get that briefcase out of his hands and try and locate a remote control device. . . .” Webster advised Rivera that he was being detained for further investigation to determine whether the “briefcase was an explosive device or would, in fact, deliver a substantial shock.” Webster conducted a pat-down of Rivera in search of the remote control, felt a rectangular object in Rivera’s breast pocket which turned out to be a stack of currency, and handcuffed Rivera until he could get him secured at the Atlanta Police Department’s airport precinct. Another officer searched Dubnoff and found in his pocket what appeared to be a crack pipe with residue. Dubnoff was placed under arrest for possession of cocaine and placed in handcuffs. Along with Rivera and Dubnoff, the officers took Crisanti to the airport police department to further search for the remote control.

When they arrived at the police department, Agent Stevens put Crisanti into an office with two other officers and retrieved Crisanti’s carry-on bag. Agent Stevens testified that he then asked Crisanti for consent to search his bag and that Crisanti gave his consent. Inside the bag, Agent Stevens found a pair of digital electronic scales with a white powdery substance on them, a woman’s makeup compact with white powder in it, and a prescription bottle two-thirds full of white powder. One of the officers eventually opened the briefcase where he found the remote control.

Prior to trial, Crisanti moved the court to suppress evidence of the currency found during the pat-down and the items found in his carry-on bag. The trial court denied Crisanti’s motion as to the currency because it was found during a legal investigatory stop while the officers were attempting to locate the remote control. However, the trial court found that the search of Crisanti’s bag was conducted after he was arrested without probable cause and suppressed evidence of the bag’s contents at trial.

We reverse for two reasons. First, the trial court failed to consider the reasonableness of the police officers’ actions from their perspective at the time of the incident. Williams v. State, 193 Ga. App. 630, 631 (1) (388 SE2d 884) (1989). Second, the trial court failed to recognize uncontradicted testimony that Crisanti gave Agent Stevens his consent to search the carry-on bag and the briefcase before he or his traveling companions were removed from the tarmac.

In this age of international terrorism, this Court and the federal courts have held that an individual such as Crisanti who enters an [708]*708airport security area may be searched even on a “ ‘mere suspicion of possible illegal activity.’ ” McSweeney v. State, 183 Ga. App.

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Related

Howard v. State
518 S.E.2d 152 (Court of Appeals of Georgia, 1999)
State v. Brannan
474 S.E.2d 267 (Court of Appeals of Georgia, 1996)
State v. Crisanti
470 S.E.2d 314 (Court of Appeals of Georgia, 1996)

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Bluebook (online)
470 S.E.2d 314, 220 Ga. App. 705, 96 Fulton County D. Rep. 1467, 1996 Ga. App. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-crisanti-gactapp-1996.