State v. Heredia, 555 S.E.2d 91 (Ga. Ct. App. 2001). · Go Syfert
State v. Heredia, 555 S.E.2d 91 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
“our law regarding searches incident to arrest and inventory searches provides two alternative means for finding that a particular search was reasonable.”
57 citation events (57 in the last 25 years) across 4 distinct courts.
Strongest positive: Grimes v. State (gactapp, 2010-04-22)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (quoted) Grimes v. State (2×) also: Cited "see"
Ga. Ct. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
our law regarding searches incident to arrest and inventory searches provides two alternative means for finding that a particular search was reasonable.
discussed Cited as authority (rule) Christopher M. Thornton v. State
Ga. Ct. App. · 2019 · confidence medium
See, e.g., Suggs v. State, 343 Ga. App. 71, 73-74 ( 806 SE2d 224 ) (2017); State v. Heredia, 252 Ga. App. 89, 90 (1) ( 555 SE2d 91 ) (2001), disapproved on other grounds, Zilke v. State, 299 Ga. 232, 235 ( 787 SE2d 745 ) (2016).4 As Department of Natural Resources conservation rangers have authority to arrest for misdemeanor 3 This Code section appears within Article 2 (Arrests, Trials, and Appeals) of Chapter 13 (Prosecution of Traffic Offenses) in Title 40 (Motor Vehicles and Traffic).
examined Cited as authority (rule) SUGGS v. the STATE. (5×) also: Cited "see"
Ga. Ct. App. · 2017 · confidence medium
See OCGA § 40-13-30 ; Hastings , 211 Ga. App. at 874 , 441 S.E.2d 83 ; Heredia , 252 Ga. App. at 90 (1), 555 S.E.2d 91 ; City of Winterville , 127 Ga. App. at 718 (2), 194 S.E.2d 623 .
examined Cited as authority (rule) Jones v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · confidence medium
In Heredia, this Court ruled that “[t]he defendant’s right to an independent test was not compromised simply because the officer reread the implied consent warning five minutes after its first reading and changed the test designation from breath to blood and urine based on newly discovered evidence.” State v. Heredia, 252 Ga. App. at 90 (2).
examined Cited as authority (rule) Robert Jones v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · confidence medium
See OCGA § 40-5-67.1 (a) (“[T]he requesting law enforcement officer shall designate which test or tests shall be administered initially and may subsequently require a test or tests of any substances not initially tested.”); see also State v. Heredia, 252 Ga. App. 89, 90 (2) ( 555 SE2d 91 ) (2001)5; State v. Coe, 243 Ga. App. 232, 235 (3) ( 533 SE2d 104 ) (2000).6 The trial court added that, in Collins v. State, 290 Ga. App. 418, 420 (1) ( 659 SE2d 818 ) (2008), this Court found no implied consent violation even when the officer failed to designate any test but, instead, let the defendant …
discussed Cited as authority (rule) Sullivan v. State
Ga. Ct. App. · 2011 · confidence medium
Miller; P. J., and McFadden, J., concur. 1 See OCGA §§ 40-6-48 (failing to maintain lane); 40-6-391 (DUI). 2 Weldon v. State, 291 Ga. App. 309 ( 661 SE2d 672 ) (2008) (citations omitted). 3 See generally White v. State, 263 Ga. 94, 98 (5) ( 428 SE2d 789 ) (1993) (suppression *115 hearing transcript and trial transcript may be considered on review of suppression ruling); Sanders v. State, 235 Ga. 425, 432 (II) ( 219 SE2d 768 ) (1975) (same). 4 See OCGA § 20-3-50 (providing that the university system shall consist of the University of Georgia and all of its branches). 5 Weldon, supra at 310 .…
discussed Cited as authority (rule) Martin v. State
Ga. Ct. App. · 2008 · confidence medium
Andrews and Bernes, JJ., concur. 1 See Smith v. State, 277 Ga. App. 81 ( 625 SE2d 497 ) (2005). 2 See id. 3 (Punctuation omitted.) Keller v. State, 286 Ga. App. 292, 296 (3) ( 648 SE2d 714 ) (2007). 4 See Chapman v. State, 279 Ga. App. 200, 202 (1) ( 630 SE2d 810 ) (2006); Carrera v. State, 261 Ga. App. 832, 833-834 ( 584 SE2d 2 ) (2003). 5 Pruitt v. State, 263 Ga. App. 814, 817 (1) ( 589 SE2d 591 ) (2003). 6 See Carrera, supra; Mauge v. State, 279 Ga. App. 36, 37-38 ( 630 SE2d 174 ) (2006). 7 See State v. Robinson, 278 Ga. App. 511, 513-514 ( 629 SE2d 509 ) (2006). 8 See Sims v. State, 258 Ga…
discussed Cited as authority (rule) Weldon v. State
Ga. Ct. App. · 2008 · confidence medium
Miller and Ellington, JJ., concur. 1 OCGA § 40-6-48 (1). 2 OCGA § 40-6-253 (b) (1) (B). 3 OCGA § 40-6-391 (a) (1). 4 Dodds v. State, 288 Ga. App. 231, 232 ( 653 SE2d 828 ) (2007). 5 Vansant v. State, 264 Ga. 319, 320 (1) ( 443 SE2d 474 ) (1994). 6 OCGA § 40-6-391 (a) (5). 7 Weldon was sentenced for driving under the influence of alcohol to the extent that it was less safe for him to drive instead of the alternative charge of driving under the influence with an unlawful blood alcohol concentration. 8 Fincher v. State, 276 Ga. 480, 481 (2) ( 578 SE2d 102 ) (2003). 9 Margerum v. State, 260 Ga…
discussed Cited as authority (rule) Boone v. State
Ga. Ct. App. · 2006 · confidence medium
Those charges are not at issue in this appeal. 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 5 Brown v. State, 278 Ga. 724, 726 (1) ( 609 SE2d 312 ) (2004). 6 Williams v. State, 280 Ga. 584, 585-586 (1) ( 630 SE2d 370 ) (2006). 7 Heard v. State, 257 Ga. App. 505, 506 (1) ( 571 SE2d 524 ) (2002). 8 If she is not an'accomplice, no corroboration would be needed. 9 Vansant v. State, 264 Ga. 319, 320 (1) ( 443 SE2d 474 ) (1994). 10 Faulkner v. State, 277 Ga. App. 702, 704 ( 627 SE2d 423 ) (2006). 11 McNair v. State, 267 Ga. App. 872, 873-874 (1) ( 600 SE2d 830 ) (2004). 12 …
discussed Cited as authority (rule) Autry v. State
Ga. Ct. App. · 2006 · confidence medium
Williams pleaded guilty to possession of methamphetamine with intent to distribute and testified against Autry. 3 See OCGA§ 17-5-1 (a) (4). 4 See State v. Heredia, 252 Ga. App. 89, 91 (3) ( 555 SE2d 91 ) (2001) (authorizing police to search passenger compartment of a car, as well as closed containers therein, incident to lawful arrest of car’s occupant). 5 453 U. S. 454 (101 SC 2860, 69 LE2d 768) (1981). 6 Id. at 460-461 . 7 (Footnote omitted.) Love v. State, 254 Ga. 697, 698-699 ( 334 SE2d 173 ) (1985). 8 See Love, supra at 699 ; State v. Duncan, 253 Ga. App. 830, 831 ( 560 SE2d 720 ) (200…
discussed Cited as authority (rule) State v. Howard (2×)
Ga. Ct. App. · 2003 · confidence medium
State v. Heredia, 252 Ga.App. 89, 91 (3), 555 S.E.2d 91 (2001).
discussed Cited as authority (rule) State v. Picot
Ga. Ct. App. · 2002 · confidence medium
Interpreting this constitutional provision, “[t]his court has held that two statutes, OCGA §§ 40-13-30 and 17-4-23 (a), . . . authorize [county] police officers to arrest persons for traffic offenses in other jurisdictions. [Cits.]” State v. Heredia, 252 Ga. App. 89, 90 (1) ( 555 SE2d 91 ) (2001) (Cobb County police officer could pull over defendant in the city limits of Kennesaw for traffic violation committed in Kennesaw); see State v. Gehris, 242 Ga. App. 384, 386 ( 528 SE2d 300 ) (2000) (“An officer has authority to arrest a person accused of violating any law or ordinance governin…
discussed Cited "see" State v. Bethel (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See State v. Heredia, 252 Ga. App. 89, 90 ( 555 SE2d 91 ) (2001) (holding that officer was authorized to arrest for traffic offenses and DUI outside his jurisdiction and reversing the trial court for too narrowly construing the exception to peace officers’ territorial jurisdiction).
discussed Cited "see" State v. Bell (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See State v. Heredia, 252 Ga. App. 89, 91 (3) ( 555 SE2d 91 ) (2001).
discussed Cited "see, e.g." The State v. Zilke (2×)
Ga. Ct. App. · 2015 · signal: see also · confidence medium
See also State v. Heredia, 252 Ga. App. 89, 90 (1) ( 555 SE2d 91 ) (2001) (Cobb County police officer authorized to arrest defendant for DUI and failure to maintain lane within Kennesaw city limits).
discussed Cited "see, e.g." Askew v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also State v. Heredia, 252 Ga. App. 89, 91 (3) ( 555 SE2d 91 ) (2001).
discussed Cited "see, e.g." Duke W. Askew v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also State v. Heredia, 252 Ga. App. 89, 91 (3) ( 555 SE2d 91 ) (2001).
discussed Cited "see, e.g." Brown v. CAMDEN COUNTY, GA. (2×)
S.D. Ga. · 2008 · signal: see also · confidence medium
A peace officer has no official power to arrest beyond the territorial boundary of the state, city, county or bailiwick for which the officer is elected or appointed. 5 Am.Jur.2d Arrest § 29 (2007); Ga.Code Ann. § 17-4-44; Coker v. State, 14 Ga. App. 606, 607 , 81 S.E. 818 (1914); see also 70 Am.Jur.2d Sheriffs, Police, and Constables § 36 (2008). “[A] peace officer ordinarily has power of arrest only in the territory of the governmental unit by which he was appointed.” State v. Heredia, 252 Ga.App. 89, 90, 555 S.E.2d 91 (2001); see Ga. Const. Art. 9, § 2, ¶ 3(b); see Hastings v. Stat…
examined Cited "see, e.g." Grech v. Clayton County, GA (4×)
11th Cir. · 2003 · signal: see, e.g. · confidence low
See, e.g., State v. Heredia, 252 Ga.App. 89 , 555 S.E.2d 91 (2001) (county police); Poss v. State, 167 Ga.App. 86 , 305 S.E.2d 884 (1983) (city police). 17 Surely this grant of power does not make a county or city policeman a state officer. 100 The plurality opinion's reliance on Georgia sheriffs' suspension procedures as evidence of state-officer status is also misplaced.
Retrieving the full opinion text from the archive…
The State
v.
Heredia
A01A1466.
Court of Appeals of Georgia.
Oct 4, 2001.
555 S.E.2d 91
Barry E. Morgan, Solicitor-General, William R. Pardue, Assistant Solicitor-General, for appellant., Chestney-Hawkins Law Firm, Michael M. Hawkins, Sherry B. Lantz, for appellee.
Barnes, Smith, Phipps.
Cited by 24 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: Court of Appeals of Georgia (1)
Barnes, Judge.

The State appeals from the trial court’s order granting Kevin Heredia’s motion to suppress. The record shows that the trial court granted the motion for four reasons: (1) a Cobb County police officer arrested Heredia within the City of Kennesaw city limits and therefore had no jurisdiction; (2) Heredia’s right to an independent chemical test was compromised by the officer changing his request for a breath test to blood and urine tests; (3) the State conducted an improper impound search of Heredia’s car; and (4) the police commingled marijuana found in two different locations in the car into a single evidence bag. Because none of these grounds support the trial court’s grant of the motion to suppress, we reverse.

The record shows that a Cobb County police officer stopped Heredia in the City of Kennesaw because he was weaving in a lane. After administering field sobriety tests, the officer arrested Heredia for driving under the influence and failure to maintain a lane. He then asked another officer to search Heredia’s vehicle incident to his arrest and for inventory purposes. The searching officer found loose marijuana in the console area and additional marijuana in a pill bottle located in the glove box. These findings resulted in an additional charge against Heredia for violating the Georgia Controlled Substances Act. After the marijuana was discovered, the arresting officer reread the implied consent warning to Heredia and changed his request for a breath test to a request for blood and urine tests. The officer never tested Heredia’s breath, and Heredia made no request for independent tests.

1. The trial court determined that the Cobb County police officer who arrested Heredia had no jurisdiction to do so based upon its application of Georgia statutes and cases to undisputed facts. As a result, we conduct a de novo review of this portion of the trial court’s order. Vansant v. State, 264 Ga. 319, 320 (1) (443 SE2d 474) (1994).

The trial court correctly noted that a peace officer ordinarily has power of arrest only in the territory of the governmental unit by which he was appointed. Hastings v. State, 211 Ga. App. 873, 874 (1) (441 SE2d 83) (1994). It erred, however, by too narrowly construing an exception to this general rule.

[*90] The general rule restricting the jurisdiction of peace officers in Georgia comes from our constitution, which provides:

Unless otherwise provided by law, (1) No county may exercise any of the [police protection] powers listed in subparagraph (a) of this Paragraph or provide any service listed therein inside the boundaries of any municipality or any other county except by contract with the municipality or county affected; and (2) No municipality may exercise any of the [police protection] powers listed in subparagraph (a) of this Paragraph or provide any service listed therein outside its own boundaries except by contract with the county or municipality affected.

Ga. Const, of 1983, Art. IX, Sec. II, Par. Ill (b).

This court has held that two statutes, OCGA §§ 40-13-30 and 17-4-23 (a), also authorize police officers to arrest persons for traffic offenses in other jurisdictions. State v. Gehris, 242 Ga. App. 384, 386 (528 SE2d 300) (2000) (OCGA § 17-4-23 (a)); Edge v. State, 226 Ga. App. 559, 562 (2) (487 SE2d 117) (1997) (OCGA § 17-4-23); Hastings, supra, 211 Ga. App. at 874 (OCGA § 40-13-30); City of Winterville v. Strickland, 127 Ga. App. 716, 718 (2) (194 SE2d 623) (1972) (predecessor to OCGA § 40-13-30). Since the Cobb County officer arrested Heredia for traffic offenses, DUI and failure to maintain a lane, he was authorized to do so outside of Cobb County. Accordingly, the trial court erred by granting the motion to suppress based on the officer’s lack of jurisdiction to stop and arrest Heredia.

2. The trial court further ruled that the results of Heredia’s blood and urine tests must be suppressed because the officer reread the implied consent warning to Heredia, changed his request from breath to blood and urine, and never obtained a test of Heredia’s breath. It reasoned that “the Defendant’s right to an additional test never attached because the officer’s designated breath test was neither withdrawn nor performed. Therefore, the Defendant’s right to an independent test was compromised and the result of the State’s test must be excluded.” We disagree with the trial court’s analysis. The defendant’s right to an independent test was not compromised simply because the officer reread the implied consent warning five minutes after its first reading and changed the test designation from breath to blood and urine based on newly discovered evidence. As a result, the trial court erred when it granted the motion to suppress for this reason.

3. The trial court also granted the motion to suppress because the State failed to prove (1) that the impoundment and inventory search of Heredia’s sport utility vehicle were necessary and (2) a rou[*91] tine Cobb County police department policy for opening closed containers during inventory searches. However, it failed to address whether the search of the car and the closed containers was valid as a search incident to Heredia’s arrest. Our law regarding searches incident to arrest and inventory searches provides two alternative means for finding that a particular search was reasonable. See Scoggins v. State, 248 Ga. App. 1 (545 SE2d 19) (2001); Vega v. State, 236 Ga. App. 319, 320, n. 1 (512 SE2d 65) (1999). Police officers may search the passenger compartment of a car, as well as closed containers inside it, after the arrest of the car’s occupant. Id. at 320. Because the search of the car and the closed containers within it was valid incident to Heredia’s arrest, we need not address the impoundment issue. Id. See also State v. Watkins, 182 Ga. App. 431 (356 SE2d 82) (1987). Therefore, the trial court erred by concluding that the search of the car and the closed containers in the passenger compartment was illegal. Id.

Decided October 4, 2001 Reconsideration denied October 19,2001 Barry E. Morgan, Solicitor-General, William R. Pardue, Assistant Solicitor-General, for appellant. Chestney-Hawkins Law Firm, Michael M. Hawkins, Sherry B. Lantz, for appellee.

4. The trial court’s remaining reason for granting the motion to suppress was that “[s]ince the testimony was that the alleged marijuana in the container and that found loose in the console area of the car were placed in a single evidence bag, all of it must be suppressed.” The trial court cited no legal authority for this conclusion, and Heredia also fails to cite any authority to support the trial court’s reasoning. Furthermore, although the trial court apparently believed the loose marijuana was commingled with the marijuana in the pill bottle, the record does not support this conclusion. The only testimony on this issue was that one of the officers placed “all that,” referring to the loose marijuana, in a plastic bag. Thus, this remaining rationale cannot be used to support the trial court’s grant of the motion to suppress.

Judgment reversed.

Smith, P. J, and Phipps, J, concur.