Bagwell v. State, 446 S.E.2d 739 (Ga. Ct. App. 1994). · Go Syfert
Bagwell v. State, 446 S.E.2d 739 (Ga. Ct. App. 1994). Cases Citing This Book View Copy Cite
24 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Hawkins v. State (gactapp, 2010-12-01)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
examined Cited as authority (rule) Hawkins v. State (6×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2010 · confidence medium
M., 303 Ga. App. 322 ( 693 SE2d 574 ) (2010) (incident to the defendant’s arrest for marijuana possession, the officer lawfully searched a cell phone located in the defendant’s pants pocket where a razor blade was found); Bagwell v. State, 214 Ga. App. 15, 16 ( 446 SE2d 739 ) (1994) (the officer was authorized to remove and open a closed metal container found in the defendant’s pocket incident to his arrest).
cited Cited as authority (rule) Finney v. State
Ga. Ct. App. · 2004 · confidence medium
Brannon v. State, 231 Ga. App. 847, 848 ( 500 SE2d 597 ) (1998); Bagwell v. State, 214 Ga. App. 15, 16 ( 446 SE2d 739 ) (1994).
discussed Cited as authority (rule) Lopez v. State
Ga. Ct. App. · 2004 · confidence medium
During a lawful search incident to an arrest, “an officer may, without a warrant, make a full search of the accused for the discovery and preservation of criminal evidence.” (Citation and punctuation omitted.) Bagwell v. State, 214 Ga.App. 15, 16 ( 446 SE2d 739 ) (1994).
discussed Cited as authority (rule) Driver v. State
Ga. Ct. App. · 1999 · confidence medium
This holding moots Driver’s argument that the court erroneously charged the jury in the language of these cases. 20 See Harper v. State, 213 Ga. App. 564, 565 ( 445 SE2d 563 ) (1994) (driving same vehicle in both prior and pending DUI charges may show similarity); Guinn v. State, 224 Ga. App. 881, 882 (1) (a) ( 482 SE2d 480 ) (1997) (prior and pending DUI offenses may be similar in that ail offenses occurred in the late night or early morning hours). 21 See Smith, supra, 236 Ga. App. at 552 (3) (abuse of discretion standard). 22 The officer testified this was a common practice and policy of …
discussed Cited as authority (rule) Vega v. State
Ga. Ct. App. · 1999 · confidence medium
See New York v. Belton, 453 U. S. 454 (101 SC 2860, 69 LE2d 768) (1981); State v. Elliott, 205 Ga. App. 345 ( 422 SE2d 58 ) (1992).” (Emphasis omitted.) Bagwell v. State, 214 Ga. App. 15, 17 ( 446 SE2d 739 ).
discussed Cited "see" LEWIS v. the STATE. (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Bagwell v. State , 214 Ga. App. 15 , 16, 446 S.E.2d 739 (1994) (rejecting defendant's argument that officer was without authority to open container discovered in pocket during search incident to arrest).
discussed Cited "see" Allison v. State (2×)
Ga. Ct. App. · 1995 · signal: see · confidence high
See Bagwell v. State, 214 Ga. App. 15, 17 ( 446 SE2d 739 ) (1994); Daniel v. State, 199 Ga. App. 180, 182 ( 404 SE2d 466 ) (1991). 2.
discussed Cited "see, e.g." Polke v. State (2×)
Ga. Ct. App. · 2000 · signal: see also · confidence medium
See also Bagwell v. State, 214 Ga. App. 15, 17 ( 446 SE2d 739 ) (1994) (defendant arrested for driving with suspended license; authority to search incident to arrest extends to passenger compartment and closed containers found therein); Stanley v. State, 191 Ga. App. 603, 604 (2) ( 382 SE2d 686 ) (1989) (search of passenger compartment of car authorized where defendant arrested for DUI). 8 (Footnote omitted.) United States v. Robinson, 414 U. S. 218, 235-236 (94 SC 467, 38 LE2d 427) (1973).
Retrieving the full opinion text from the archive…
Bagwell
v.
the State
A94A0520.
Court of Appeals of Georgia.
May 11, 1994.
446 S.E.2d 739
1994 Ga. App. LEXIS 799
Banks & Stubbs, Rafe Banks III, for appellant., Garry T. Moss, District Attorney, C. David Gafnea, Assistant District Attorney, for appellee.
Pope, McMurray, Smith.
Cited by 10 opinions  |  Published
Pope, Chief Judge.

Defendant Darren Bagwell pled guilty to speeding and to violating the Georgia Controlled Substances Act, reserving his right to appeal the overruling of his motion to suppress certain evidence. His sole enumeration of error on appeal challenges the denial of his motion to suppress methamphetamine found on his person in a search incident to his arrest. Because we hold the search of defendant’s person and the seizure of this evidence was both reasonable and within the scope of the statutory provisions allowing a search incident to arrest, we affirm.

[*16] On November 21, 1992, defendant was stopped for a speeding violation. The officer conducting the stop discovered defendant’s license had been suspended. The officer immediately placed defendant under arrest for speeding and for driving on a suspended license and then conducted a “frisk, pat-down type search” of the defendant’s person. In the defendant’s right front pocket, the officer felt a three-and-one-half inch metal object. The officer removed the object and recognized it as a screw-type container commonly used in drug trafficking. The officer testified when he shook the container he heard rattling inside. He proceeded to open the container and discovered a bag containing a yellow-white powdery substance later determined to be methamphetamine.

The defendant concedes the search of his person was a lawful search incident to arrest. During a lawful custodial arrest, “ ‘an officer may, without a warrant, make a full search of the accused for the discovery and preservation of criminal evidence.’ [Cit.]” Anderson v. State, 177 Ga. App. 130, 131 (2) (338 SE2d 716) (1985). Because the officer was entitled to conduct a full search of the defendant incident to his arrest and this search is per se reasonable as long as the custodial arrest is lawful, the seizure of the metal container found by the officer during the search was not unlawful. See Anderson, supra; Powell v. State, 170 Ga. App. 185 (316 SE2d 779) (1984); and Graves v. State, 138 Ga. App. 327 (226 SE2d 131) (1976) for Georgia cases upholding searches and seizures of drugs found on defendants during searches incident to arrests.

The defendant argues, however, that notwithstanding the officer’s right to conduct a search incident to defendant’s arrest, the officer was without authority to open the container discovered during that search because this action was outside the scope of Georgia’s statutory limitations on a search incident to arrest. See OCGA § 17-5-1. In United States v. Robinson, 414 U. S. 218, 235 (94 SC 467, 38 LE2d 427) (1973), the Supreme Court granted police officers broad authority when conducting a search incident to arrest. In Dasher v. State, 166 Ga. App. 237 (304 SE2d 87) (1983), this court, relying on Graves, 138 Ga. App. at 327, in which the court adopted the analysis in Robinson, upheld the admission of evidence discovered in eight match boxes and eleven manila envelopes found on defendant’s person during a search incident to arrest. The court concluded the search was not beyond the permissible scope of OCGA § 17-5-1. In the instant case, the officer testified that he recognized the metal container as one which was commonly used for carrying illegal drugs. Because the officer came upon the container in the course of a lawful search, “ ‘he was entitled to inspect it; and when his inspection revealed the [methamphetamine], he was entitled to seize [it] as “fruits, instru-mentalities, or contraband” probative of criminal conduct.’ ” Graves, [*17] 138 Ga. App. at 329-330, citing Robinson, 414 U. S. at 235. The officer’s actions in this case did not exceed the permissible scope of a search incident to arrest under the Fourth Amendment, the Georgia Constitution or OCGA § 17-5-1. We also note the broad scope of authority granted to police officers in conducting searches of automobiles pursuant to the search incident to arrest exception. In this situation, the authority to search extends to the entire passenger compartment of the automobile and any closed containers therein. See New York v. Belton, 453 U. S. 454 (101 SC 2860, 69 LE2d 768) (1981); State v. Elliott, 205 Ga. App. 345 (422 SE2d 58) (1992). The admission of the evidence seized on defendant’s person in the instant case was properly admitted.

Decided May 11, 1994 Reconsideration denied July 15, 1994 Banks & Stubbs, Rafe Banks III, for appellant. Garry T. Moss, District Attorney, C. David Gafnea, Assistant District Attorney, for appellee.

Judgment affirmed.

McMurray, P. J., and Smith, J., concur.