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The Statev.Rovento Mccloud

CourtCourt of Appeals of Georgia
Docket No.A17A1833
DecidedFebruary 16, 2018
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureSearch Incident to ArrestMotion to SuppressReversalAppellate Procedure
Case Summary

Police charged Roverto McCloud with drug and firearm offenses after an officer searched him and arranged for his vehicle to be impounded following a serious accident. The trial court initially denied McCloud’s suppression motion but later granted it, finding the search unreasonable because McCloud was detained rather than under arrest. The State appealed. The Georgia Court of Appeals held that the search was lawful under the circumstances and that the trial court had erred in suppressing the evidence. The court explained that McCloud’s arrest, the vehicle’s involvement in a serious accident, its inoperability, a passenger’s injury, and the absence of anyone available to take custody of the vehicle made impoundment reasonable under the Fourth Amendment. Police were not required to ask an arrested vehicle owner whether someone else could retrieve the car before impounding it. The court reversed the order granting suppression.

Opinion

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The State V. Rovento Mccloud — The Atlanta Gleaner