Travis v. State, 385 S.E.2d 779 (Ga. Ct. App. 1989). · Go Syfert
Travis v. State, 385 S.E.2d 779 (Ga. Ct. App. 1989). Cases Citing This Book View Copy Cite
“probable cause need not be defined in relation to any one particular element, but may exist because of the totality of circumstances surrounding a transaction. flight in connection with other circumstances may be sufficient probable cause to uphold a warrantless 477 arrest or sea…”
39 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Sheats v. State (gactapp, 2010-07-30)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 11 distinct citers.
examined Cited as authority (quoted) Sheats v. State (2×) also: Cited "see"
Ga. Ct. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
probable cause need not be defined in relation to any one particular element, but may exist because of the totality of circumstances surrounding a transaction. flight in connection with other circumstances may be sufficient probable cause to uphold a warrantless 477 arrest or sea…
discussed Cited as authority (rule) Underwood v. State
Ga. Ct. App. · 2004 · confidence medium
J., and Phipps, J., concur. 1 Hall v. State, 242 Ga. App. 280 ( 527 SE2d 624 ) (2000). 2 Ledford v. State, 233 Ga. App. 445, 446 (1) ( 504 SE2d 512 ) (1998); Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ) (1989). 3 (Citation and punctuation omitted.) Ledford, supra; Travis, supra. 4 See Ledford, supra at 446-447 (1); Travis, supra.
discussed Cited as authority (rule) Peterson v. State
Ga. Ct. App. · 2001 · confidence medium
Smith, P. J., and Barnes, J., concur. 1 State v. Sims, 248 Ga. App. 277, 278 ( 546 SE2d 47 ) (2001). 2 (Footnote omitted.) State v. Holmes, 240 Ga. App. 332, 333 ( 525 SE2d 698 ) (1999). 3 Steward, v. State, 237 Ga. App. 672, 674 ( 516 SE2d 534 ) (1999). 4 Holmes, supra at 333 . 5 See Moody v. State, 232 Ga. App. 499, 505 (4) (b) ( 502 SE2d 323 ) (1998); Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ) (1989). 6 Simpson v. State, 213 Ga. App. 143, 144-145 (1) ( 444 SE2d 115 ) (1994). 7 Brown v. State, 244 Ga. App. 440, 442 (2) ( 535 SE2d 785 ) (2000). 8 Id. 9 See, e.g., London v. State,…
cited Cited as authority (rule) Hall v. State
Ga. Ct. App. · 2000 · confidence medium
See, e.g., Ledford v. State, 233 Ga. App. 445, 446 (1) ( 504 SE2d 512 ) (1998); Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ) (1989).
discussed Cited as authority (rule) State v. Holmes
Ga. Ct. App. · 1999 · confidence medium
Garner, for appellee. 1 Tate v. State, 264 Ga. 53, 54 (1) ( 440 SE2d 646 ) (1994). 2 Bundy v. State, 168 Ga. App. 90 ( 308 SE2d 213 ) (1983). 3 OCGA § 17-5-28; Wyatt v. State, 151 Ga. App. 207, 209 (1) ( 259 SE2d 199 ) (1979). 4 Wallace v. State, 131 Ga. App. 204, 205 (1) ( 205 SE2d 523 ) (1974). 5 Bundy, supra at 91 . 6 Jenkins v. State, 184 Ga. App. 844, 846 ( 363 SE2d 35 ) (1987). 7 Ledford v. State, 233 Ga. App. 445, 446-447 (1) ( 504 SE2d 512 ) (1998); Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ) (1989). 8 Jenkins, supra. 9 See Wallace, supra (OCGA § 17-5-28 (2) was factually…
discussed Cited as authority (rule) Ledford v. State
Ga. Ct. App. · 1998 · confidence medium
We need not reach this issue, however, because “[i]t has been held that this statute does not limit the officer’s right to search persons as to whom probable cause for a warrantless search exists.” (Citations and punctuation omitted.) Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ) (1989).
discussed Cited as authority (rule) Moody v. State
Ga. Ct. App. · 1998 · confidence medium
See OCGA § 16-2-6; Hurston v. State, 202 Ga. App. 311 ( 414 SE2d 303 ) (1991); Scott v. State, 193 Ga. App. 74 ( 387 SE2d 31 ) (1989); Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ) (1989); Stafford v. State, 187 Ga. App. 401 ( 370 SE2d 646 ) (1988); Prather v. State, 116 Ga. App. 696 ( 158 SE2d 291 ) (1967).
cited Cited as authority (rule) Mitchell v. State
Ga. Ct. App. · 1991 · confidence medium
(Cit.)’ [Cit.]” Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ) (1989).
discussed Cited as authority (rule) Salter v. State (2×)
Ga. Ct. App. · 1990 · confidence medium
State v. Reid, 247 Ga. 445, 447 ( 276 SE2d 617 ); Jones v. State, supra at 869 (2); Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ).
discussed Cited "see" Norton v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ) (1989).
examined Cited "see" Jamison v. State (4×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See Travis v. State, 192 Ga. App. 695, 696 ( 385 SE2d 779 ).
Travis
v.
the State
A89A1317.
Court of Appeals of Georgia.
Sep 5, 1989.
385 S.E.2d 779
Stephen T. Maples, Gregory N. Crawford, for appellant., Robert E. Wilson, District Attorney, Fran Shoenthal, Robert M. Coker, Assistant District Attorneys, for appellee.
Banke, Pope, Sognier.
Cited by 18 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: Court of Appeals of Georgia (1)
Banke, Presiding Judge.

Following the denial of his motion to suppress, the appellant, while specifically reserving the right to appeal that ruling, pled guilty to an indictment charging him with possessing cocaine in violation of the Georgia Controlled Substances Act. This appeal followed.

Based upon information provided by a confidential informant that drugs were being “sold, stored and concealed” at a specified residence in DeKalb County, Georgia, a warrant was issued for the search of the premises. The warrant additionally authorized the search of two described individuals believed to be violating the Controlled Substances Act, as well as “any person on said premises ... for the discovery and seizure” of cocaine. Although the appellant was present on the premises during the execution of the warrant, he was not named in the warrant and was not a resident of the house.

Detective Brown of the City of Atlanta Narcotics Squad testified that after the officers executing the warrant knocked on the front door and identified themselves, they heard scuffling inside, whereupon, having received no response to their knocking, they forcibly entered the residence. Brown stated that at this time he gave chase to the appellant as the latter ran from the kitchen down a flight of stairs to the basement and through a back door into the backyard, where he[*696] was apprehended by another officer. Brown testified that he believed the appellant might be trying to dispose of contraband and that he might be armed and dangerous. An immediate patdown search of the appellant was conducted, following which he was taken into the house and searched more thoroughly. The second search resulted in the discovery of two small bags of cocaine on his person. The appellant testified that he had arrived at the house some 15 minutes prior to the execution of the warrant and that he was merely visiting the residence, which belonged to his uncle. Held:

Decided September 5, 1989. Stephen T. Maples, Gregory N. Crawford, for appellant. Robert E. Wilson, District Attorney, Fran Shoenthal, Robert M. [*697] Coker, Assistant District Attorneys, for appellee.

[*696] OCGA § 17-5-28 provides as follows: “In the execution of the search warrant the officer executing the same may reasonably detain or search any person in the place at the time: (1) To protect himself from attack; or (2) To prevent the disposal or concealment of any instruments, article, or things particularly described in the search warrant.” It has been held that this statute “does not limit the officer’s right to search persons as to whom probable cause for a war-rantless search exists.” Wallace v. State, 131 Ga. App. 204, 205 (205 SE2d 523) (1974). See also Campbell v. State, 139 Ga. App. 389 (228 SE2d 309) (1976).

“ ‘Probable cause need not be defined in relation to any one particular element, but may exist because of the totality of circumstances surrounding a transaction. [Cits.] . . . (F)light in connection with other circumstances may be sufficient probable cause to uphold a war-rantless arrest or search. [Cits.]’ ” State v. Billoups, 191 Ga. App. 834, 835 (383 SE2d 162) (1989). See also Cook v. State, 136 Ga. App. 908, 909 (1) (222 SE2d 656) (1975); Banks v. State, 187 Ga. App. 280, 282 (370 SE2d 38) (1988); Moore v. State, 155 Ga. App. 721 (1) (272 SE2d 575) (1980); Green v. State, 127 Ga. App. 713, 715 (194 SE2d 678) (1972).

In the present case, the appellant’s presence on the premises at the time the warrant was executed, coupled with his flight, provided probable cause for a belief that he was in possession of, or was at least a party to the possession of, unlawful contraband. “It is settled law that an officer at the time of a lawful custodial arrest may, even without a warrant, make a full search of the person of the accused. [Cit.]” Clark v. State, 184 Ga. App. 380, 383 (361 SE2d 682) (1987). It follows that the motion to suppress was properly denied.

Judgment affirmed.

Sognier and Pope, JJ., concur.