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Jamarcus Huffv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A0073
DecidedJune 4, 2018
Reporter322 Ga. App. 132
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureSearch Incident to ArrestMotion to SuppressReversalFamily LawDigital Evidence
Case Summary

Police arrested Jamarcus Huff for family-violence battery and criminal trespass after finding an injured woman in an apartment. Officers removed Huff’s backpack before handcuffing him, carried it more than a minute to a patrol car, and searched it after they had exclusive control of the bag. A handgun was found inside. The Georgia Court of Appeals reversed the denial of Huff’s motion to suppress. The search-incident-to-arrest exception permits a warrantless search of an arrestee’s person and, in limited circumstances, the area within the arrestee’s immediate control. But the officers had removed the backpack from Huff, handcuffed him, and maintained exclusive possession of it before searching it. The State offered no evidence or argument that the bag contained evidence related to the arrest offense or that Huff could reach it and obtain a weapon or destroy evidence. The body-camera recording supplied controlling facts that the appellate court reviewed de novo. Because the State failed to show that the warrantless search was lawful, the court reversed.

Opinion

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