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The Statev.Jeffrey Brian Snead

CourtCourt of Appeals of Georgia
Docket No.A13A1817
DecidedMarch 19, 2014
Reporter326 Ga. App. 345, 756 S.E.2d 581
JudgesPresiding Judge Doyle, Judge McFadden, and Judge Boggs; McFadden and Boggs concurred
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureWarrantless SearchReasonable SuspicionEvidenceReversal
Case Summary

The trial court suppressed evidence found after police entered Snead’s truck to secure a gun that he had grabbed while the officers faced him with their weapons drawn. The Court of Appeals held that an officer could secure the gun after Snead was removed because he was not handcuffed, and the encounter gave officers an objectively reasonable basis to believe he might regain access to a weapon. Under Michigan v. Long, the officers could search areas of the passenger compartment where weapons might be hidden; their subjective motive did not invalidate an objectively justified protective search, and they did not have to ignore contraband discovered during it. The order granting the motion to suppress was reversed.

Opinion

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