Davis v. State, 501 S.E.2d 836 (Ga. Ct. App. 1998). · Go Syfert
Davis v. State, 501 S.E.2d 836 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
44 citation events (36 in the last 25 years) across 2 distinct courts.
Strongest positive: Horne v. State (gactapp, 2012-10-25)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 12 distinct citers.
examined Cited as authority (rule) Horne v. State (5×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2012 · confidence medium
(Citation and punctuation omitted.) Davis v. State, 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998).
examined Cited as authority (rule) Curtis Horne v. State (5×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2012 · confidence medium
(Citation and punctuation omitted.) Davis v. State, 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998).
discussed Cited as authority (rule) Frank Davis v. State
Ga. Ct. App. · 2012 · confidence medium
The fact that Officer Starling eventually got close enough to see that Davis was wearing 4 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998). 5 Id. 6 (Citation and punctuation omitted.) Id.; OCGA § 40-8-76.1 (f). 4 a portion of his seat belt does not change the fact that the stop was based on probable cause.7 Similarly, Davis’s argument that the traffic stop was impermissibly prolonged when the officer failed to walk away immediately after noticing that the shoulder strap safety belt was tucked under Davis’s arm is without merit.
discussed Cited as authority (rule) Clark v. State (2×)
Ga. Ct. App. · 2010 · confidence medium
See Fernandez, supra at 157 (3) (b) (i); Moran v. State, 257 Ga. App. 236, 238 (4) ( 570 SE2d 673 ) (2002); Davis v. State, 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998); see also OCGA § 40-8-76.1 (e) (2) (person who violates seat belt regulations “shall be guilty of the offense of failure to wear a seat safety belt”).
cited Cited as authority (rule) Bowens v. State
Ga. Ct. App. · 2005 · confidence medium
See Fernandez v. State, 275 Ga. App. 151, 157 (3) (b) (i) ( 619 SE2d 821 ) (2005); Davis v. State, 232 Ga. App. 320, 321-322 (1) ( 501 SE2d 836 ) (1998).
discussed Cited as authority (rule) Disharoon v. State
Ga. Ct. App. · 2003 · confidence medium
Once the officer smelled alcohol on Disharoon, he had reasonable suspicion Disharoon had committed another crime, DUI, and the encounter properly evolved into a second-tier investigative encounter comparable to a Terry stop. 7 Keilholtz v. State, 261 Ga. App. 1, 4 ( 581 SE2d 660 ) (2003); Davis v. State, 232 Ga. App. 320, 321-322 ( 501 SE2d 836 ) (1998).
discussed Cited as authority (rule) Henderson v. State (2×)
Ga. Ct. App. · 2001 · confidence medium
And I predict ever more novel and interesting methods of attempting to circumvent its eminently wrong-headed holding until reversal is finally demanded—or, as reflected in the instant case, sufficient contrary precedent is established to allow us to disregard Gibbons totally as we evolve into the law as put forward in Purcell, i.e., "only unrelated questions which unreasonably prolong the detention are unlawful." [34] NOTES [1] Tate v. State, 264 Ga. 53, 54 (1), 440 S.E.2d 646 (1994). [2] Harris v. State, 239 Ga.App. 537, 540 (2)(a), 521 S.E.2d 462 (1999); Davis v. State, 232 Ga.App. 320, 321…
discussed Cited as authority (rule) Bell v. State
Ga. Ct. App. · 2001 · confidence medium
Smith, P. J., and Phipps, J., concur. 1 State v. Winnie, 242 Ga. App. 228, 229 ( 529 SE2d 215 ) (2000). 2 Id. 3 OCGA § 40-8-76.1 (f). 4 See State v. Milsap, 243 Ga. App. 519, 520 ( 528 SE2d 865 ) (2000). 5 OCGA § 40-8-76.1 (f). 6 Davis v. State, 232 Ga. App. 320, 321-322 (1) ( 501 SE2d 836 ) (1998). 7 State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999). 8 Id.; Barraco v. State, 244 Ga. App. 849, 850 (1) ( 537 SE2d 114 ) (2000). 9 Blair, supra; see Almond v. State, 242 Ga. App. 650, 652 (1) ( 530 SE2d 750 ) (2000). 10 Migliore v. State of Ga., 240 Ga. App. 783, 785 ( 525 SE2d 166 ) …
cited Cited as authority (rule) State v. Millsap
Ga. Ct. App. · 2000 · confidence medium
Davis v. State, 232 Ga. App. 320, 321-322 (1) ( 501 SE2d 836 ) (1998).
cited Cited as authority (rule) State v. Milsap
Ga. Ct. App. · 2000 · confidence medium
Davis v. State, 232 Ga.App. 320, 321-322 (1), 501 S.E.2d 836 (1998).
cited Cited as authority (rule) Edwards v. State
Ga. Ct. App. · 1999 · confidence medium
Davis v. State, 232 Ga. App. 320, 321 (1) ( 501 SE2d 836 ) (1998).
discussed Cited "see" Davis v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Pittman v. State, 286 Ga. App. 415, 416 ( 650 SE2d 302 ) (2007). 232 Ga. App. 320 ( 501 SE2d 836 ) (1998).
Davis
v.
the State
A98A0527.
Court of Appeals of Georgia.
Apr 17, 1998.
501 S.E.2d 836
Barkley & Garner, Larry J. Barkley, James S. Garner III, for appellant., Tambra P. Colston, District Attorney, C. Stephen Cox, Assistant District Attorney, for appellee.
McMurray, Blackburn, Eldridge.
Cited by 16 opinions  |  Published
McMurray, Presiding Judge.

Defendant was tried before a jury and convicted of two counts of violating Georgia’s Controlled Substances Act by possessing Lorazepam and possessing marijuana. Defendant was also convicted of driving under the influence of alcohol and driving without proof of insurance. This appeal followed the denial of defendant’s motion for new trial. Held:

1. Defendant contends the trial court erred in denying his motion in limine and motion to suppress, arguing that the evidence support[*321] ing bis convictions was obtained as a result of an unlawful traffic stop.

Officer Richard Penson of the Rome City Police Department testified that he stopped defendant’s car because he noticed that defendant was not wearing the shoulder strap safety belt that was visibly provided in the car defendant was operating. OCGA § 40-8-76.1 (b) provides that “[e]ach occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.” Because this safety standard does not necessarily require shoulder strap safety belts, defendant argues that Officer Penson’s observation regarding defendant’s failure to use his car’s shoulder strap safety belt does not support probable cause that defendant was violating OCGA § 40-8-76.1 (b). We do not agree.

Although Federal Motor Vehicle Safety Standard 208 may not require shoulder strap safety belts, it is undisputed that shoulder strap safety belts are an option under this federal regulation and that defendant’s car was so equipped. Thus, Officer Penson’s observation that defendant was not wearing his car’s shoulder strap safety belt supports probable cause for stopping defendant for violating OCGA § 40-8-76.1 (b). Defendant, nonetheless, argues that Officer Penson used this minor infraction as an unlawful pretext under OCGA § 40-8-76.1 (f) for stopping and harassing defendant. This Code subsection provides that “probable cause for violation of [OCGA § 40-8-76.1 (b)] shall be based solely upon a law enforcement officer’s clear and unobstructed view of a person not restrained as required by this Code section. Noncompliance with the restraint requirements of this Code section shall not constitute probable cause for violation of any other Code section.” OCGA § 40-8-76.1 (f).

“When a police officer makes a traffic stop based on his having a clear view of the occupants of the front seat of a vehicle not wearing their seat belts, he is in the same situation as a police officer making a stop pursuant to Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968), except that the initial stop is based on probable cause, not just a reasonable and articulable suspicion that an individual is, or is about to be, engaged in criminal activity. While the probable cause for the initial stop cannot itself be used as probable cause for arrests based on violations of other Code sections, once a stop for a seat belt violation is made, the language of OCGA § 40-8-76.1 does not preclude an officer from conducting a reasonable inquiry and investigation to insure both his safety and that of others. See Terry v. Ohio, supra at 20-27; State v. Armstrong, 223 Ga. App. 350 (477 SE2d 635) (1996). Clearly, the additional language of this Code section pertaining to probable cause was added for the purpose of prohibiting a[*322] search of a person or a vehicle based solely on the failure of an occupant of the front seat to wear a seat belt. However, the language was not intended to prevent an officer from making an arrest on additional offenses based upon separate probable cause ascertained through a reasonable inquiry and investigation following the initial stop. Obviously, an officer need not ignore the smell of alcohol emanating from the driver of a vehicle simply because the initial stop of the vehicle was for a seat belt violation.” Temples v. State, 228 Ga. App. 228, 230 (491 SE2d 444).

In the case sub judice, Officer Penson testified that, after asking defendant for his driver’s license and proof of insurance, he detected an odor of alcohol about defendant’s “person and inside of the car.” Officer Penson also testified that, instead of producing a driver’s license, defendant gave him an identification card indicating that defendant was an employee of a local law enforcement agency. Officer Penson testified that, after instructing defendant that he “still needed to see his driver’s license and insurance,” defendant produced a valid driver’s license but failed to produce proof of insurance. Officer Penson testified that he arrested defendant after defendant admitted consuming alcohol “earlier” that evening. This testimony authorizes the trial court’s finding that Officer Penson’s traffic stop was not arbitrary or harassing, in violation of OCGA § 40-8-76.1 (f). “ An officer conducting a routine trafile stop may request and examine a driver’s license and vehicle registration and run a computer check on the documents. See United States v. Guzman, 864 F2d 1512, 1519 (10th Cir. 1988). Accord Florida v. Royer, 460 U. S. 491, 501-502 (103 SC 1319, 75 LE2d 229) (1983) (airline ticket and driver’s license).’ Rogers v. State, 206 Ga. App. 654, 657 (2) (426 SE2d 209) (1992).” Temples v. State, 228 Ga. App. 228, 231, supra. Officer Penson’s observations, after stopping defendant for violating OCGA § 40-8-76.1 (b), independently support probable cause for defendant’s arrest. Accordingly, the trial court did not err in denying defendant’s motion in limine and motion to suppress.

2. Defendant contends the trial court erred in admitting scientific reports and testimony indicating that a substance found in defendant’s possession was marijuana. Defendant argues that this evidence should have been excluded at trial because the State waited until the first day of trial to have the suspected marijuana tested and, thus, avoided defendant’s discovery request for any written scientific reports.

OCGA § 17-16-2 (a) requires a defendant to provide “written notice to the prosecuting attorney that such defendant elects to have [Georgia’s Criminal Discovery provisions, OCGA § 17-16-1 et seq.,] apply to the defendant’s case.” Defendant did not provide such notice in the case sub judice. He, therefore, cannot complain that the State[*323] waited until the first day of trial to have the suspected marijuana tested. Wright v. State, 226 Ga. App. 848, 849 (4) (487 SE2d 405). Under such circumstances, and in the absence of proof that the State’s last-minute test of the suspected marijuana was designed to circumvent the discovery process, we find no basis for reversing defendant’s convictions. Wellborn v. State, 258 Ga. 570, 571 (1) (372 SE2d 220).

Decided April 17, 1998. Barkley & Garner, Larry J. Barkley, James S. Garner III, for appellant. Tambra P. Colston, District Attorney, C. Stephen Cox, Assistant District Attorney, for appellee.

Judgment affirmed.

Blackburn and Eldridge, JJ, concur.