State v. Flores

585 S.E.2d 714, 262 Ga. App. 389, 2003 Fulton County D. Rep. 2460, 2003 Ga. App. LEXIS 948
CourtCourt of Appeals of Georgia
DecidedJuly 16, 2003
DocketA03A0612
StatusPublished
Cited by6 cases

This text of 585 S.E.2d 714 (State v. Flores) 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. Flores, 585 S.E.2d 714, 262 Ga. App. 389, 2003 Fulton County D. Rep. 2460, 2003 Ga. App. LEXIS 948 (Ga. Ct. App. 2003).

Opinions

Andrews, Presiding Judge.

Jorge Flores and Jose Renteria were jointly indicted along with others for the offenses of possessing methamphetamine, possessing methamphetamine with intent to distribute, and possessing tools used in violating the Georgia Controlled Substances Act. Flores and Renteria filed separate motions to suppress evidence of methamphetamine found when DeKalb County narcotics officers stopped and searched the vehicle Renteria was driving. Finding the initial stop was unreasonable, the trial court granted both motions, and the State appeals.

We find that the facts collected by the officers during the ongoing investigation they were conducting at the time of the stop gave them a sufficient factual basis to stop Renteria in the vehicle he was driving to investigate the reasonable suspicion that Renteria was in possession of methamphetamine. The trial court erred by finding that the stop was unreasonable and erred by granting the separate motions filed by Renteria and Flores seeking suppression of the methamphetamine found in the search of the vehicle. Accordingly, we reverse.

On July 13, 2001, Renteria and Flores driving separate vehicles had just departed from apartment H-17 of the North Highland Apartments in DeKalb County. At that point, DeKalb narcotics officers had been conducting surveillance on the apartment for about three months. With Flores following Renteria, both vehicles were stopped by narcotics officers about a half-mile from the apartment. [390]*390The stops were made solely on the basis of the officers’ belief that the facts they had gathered in the investigation were sufficient to justify the stop to investigate their suspicion that Renteria and Flores were transporting methamphetamine from the apartment. Renteria concedes that, during the investigatory stop, a police drug dog alerted to the scent of contraband when taken around the exterior and interior of his vehicle, revealing the presence of methamphetamine in the vehicle. The drug dog also sniffed the vehicle driven by Flores, but no drugs were found in that vehicle.

Renteria and Flores filed separate motions to suppress the methamphetamine found in Renteria’s vehicle. Renteria’s motion alleged that the officers illegally stopped him without a sufficient basis to suspect he was engaged in criminal activity and that the subsequent search of the vehicle was without probable cause. Flores’s motion also alleged that the vehicle driven by Renteria was illegally stopped and searched. After a hearing on the motions, the trial court found that both defendants had standing to seek suppression of the methamphetamine. Without making any findings of fact in its written order or on the record at the suppression hearing, the trial court ruled: “The stops of Flores and Renteria on July 13, 2001 were without articulable suspicion that either defendant was engaged in criminal activity; the stops were not constitutionally reasonable.” Since the stop provided the means for gathering the drug dog evidence that was used to justify the search, the trial court granted the motions filed by Renteria and Flores to suppress the methamphetamine found in the subsequent search of Renteria’s vehicle.1

The issue presented is whether the trial court erred by finding that the stop of Renteria’s vehicle was illegal because the officers lacked a sufficient basis to reasonably suspect criminal activity. The officers were authorized under the Fourth Amendment to conduct an investigatory stop of Renteria’s vehicle if based on the “totality of the circumstances” they had “specific and articulable facts which, taken together with rational inferences from those facts,” gave them “a particularized and objective basis for suspecting [Renteria] of criminal activity.” (Punctuation omitted.) Vansant v. State, 264 Ga. 319, 320 (443 SE2d 474) (1994), citing to and quoting from Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968); United States v. Cortez, 449 U. S. 411 (101 SC 690, 66 LE2d 621) (1981); and Delaware v. Prouse, 440 U. S. 648 (99 SC 1391, 59 LE2d 660) (1979). A review of the sup[391]*391pression hearing shows that there was ample, undisputed evidence to support the stop under this standard. Moreover, since the trial court made no findings as to the facts or the credibility of witnesses, and the basic facts at issue are not in dispute, the trial court’s application of the applicable standard to the undisputed facts is subject to de novo review. Vansant, 264 Ga. at 320.

The State produced evidence that, as part of an ongoing investigation, DeKalb County narcotics officers began surveillance on the apartment at issue in April 2001. During the course of the surveillance, they became familiar with various persons who frequented the apartment and the vehicles they drove. On April 25, 2001, a Ford F-150 truck driven by Perez was seen arriving at the apartment. Perez entered the apartment and came out with Pineda. While talking to Perez outside the apartment, Pineda was observed opening the hood of a Toyota truck and placing a package under the hood. Perez then backed out of his parking space and waited until Pineda in the Toyota truck pulled up behind him. They then drove from the apartment, one following the other, with surveillance officers following both vehicles. After the vehicles reached Interstate 85, an officer in a marked vehicle observed the Toyota making an improper lane change and stopped Pineda for the traffic violation. A drug dog brought to the scene of the stop detected the scent of contraband at the hood of the vehicle, and a search under the hood produced methamphetamine hidden in the air filter compartment of the vehicle. During the traffic stop, officers saw Perez in the F-150 truck circle back and drive by the stop scene to watch the stop.

While conducting surveillance of the apartment on May 31, 2001, officers saw Perez and Coria arriving at the apartment, Perez driving a gold Honda Accord and Coria driving a Z-71 truck. Perez and Coria were later seen leaving the apartment in the Z-71 truck driven by Coria. The two were observed driving to a nearby shopping center where Coria exited and got into a small blue car. While Coria was driving the blue car, police officers observed a traffic offense, stopped Coria, and obtained his consent to search the car. During the search, officers found $9,000 on Coria’s person, which was seized by federal DEA agents, who were assisting in the narcotics investigation.

On June 20, 2001, the gold Honda driven by Renteria was seen arriving at the apartment and being parked next to the Z-71 truck. Officers observed Renteria take three large detergent boxes from the bed of the truck and put them in the Honda. After Renteria drove the Honda from the apartment, officers who continued surveillance on the vehicle observed a traffic violation and stopped the Honda. During the stop, a drug dog alerted to the scent of contraband on the exterior of the vehicle, and in a search of the interior officers found a [392]*392false compartment where the passenger side air bag should have been located. However, no drugs were found in the vehicle. The State produced evidence that a trained drug dog will alert to the scent of trace residue where contraband has been, even where no contraband is found.

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Related

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701 S.E.2d 871 (Court of Appeals of Georgia, 2010)
State v. Hopper
666 S.E.2d 735 (Court of Appeals of Georgia, 2008)
State v. Ealum
643 S.E.2d 262 (Court of Appeals of Georgia, 2007)
State v. Harding
887 A.2d 1108 (Court of Special Appeals of Maryland, 2005)
State v. Flores
585 S.E.2d 714 (Court of Appeals of Georgia, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
585 S.E.2d 714, 262 Ga. App. 389, 2003 Fulton County D. Rep. 2460, 2003 Ga. App. LEXIS 948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-flores-gactapp-2003.