State v. Jourdan, 589 S.E.2d 682 (Ga. Ct. App. 2003). · Go Syfert
State v. Jourdan, 589 S.E.2d 682 (Ga. Ct. App. 2003). Cases Citing This Book View Copy Cite
“while it is true that hunting is a highly regulated activity subject to licensing and permitting, it is not true that constitutional safeguards for hunters are completely abrogated.”
107 citation events (107 in the last 25 years) across 1 distinct court.
Strongest positive: James Gayton v. State (gactapp, 2021-11-08)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 33 distinct citers.
discussed Cited as authority (quoted) James Gayton v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
while it is true that hunting is a highly regulated activity subject to licensing and permitting, it is not true that constitutional safeguards for hunters are completely abrogated.
discussed Cited as authority (quoted) Charlette Zeigler Corey v. State (2×) also: Cited "see"
Ga. Ct. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
mere acquiescence to the authority asserted by a police officer cannot substitute for free consent
discussed Cited as authority (quoted) Corey v. State (2×) also: Cited "see"
Ga. Ct. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
mere acquiescence to the authority asserted by a police officer cannot substitute for free consent.
discussed Cited as authority (quoted) State v. Williams (2×) also: Cited "see"
Ga. Ct. App. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
consent which is the product of coercion ... on the part of the police is invalid.
discussed Cited as authority (quoted) Mobley v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2006 · quote attribution · 1 verbatim quote · confidence low
onsent which is the product of coercion or deceit on the part of the police is invalid
discussed Cited as authority (rule) Tracie Underwood v. State
Ga. Ct. App. · 2023 · confidence medium
See Swan, 257 Ga. App. at 66 (3) (a “three- to five- second interval was sufficient, particularly in light of the judicially recognized fact 6 that firearms are tools of the drug trade”) (citation and punctuation omitted); State v. Jourdan, 264 Ga. App. 118, 122 (2) ( 589 SE2d 682 ) (2003) (the “touchstone of the Fourth Amendment is reasonableness,” which “is measured in objective terms by examining the totality of the circumstances”).
discussed Cited as authority (rule) The State v. Jacobs
Ga. Ct. App. · 2017 · confidence medium
Because, as explained more fully infra, Jacobs gave actual consent to the breath test, we need not decide whether the test was also permitted as a search incident to his arrest. 9 Young, 339 Ga. App. at 310 (punctuation omitted). 10 Id. (punctuation omitted). 11 Id. (punctuation omitted). 12 State v. Jourdan, 264 Ga.App. 118, 121 (1) ( 589 SE2d 682 ) (2003) (punctuation omitted); accord Johnson v. State, 297 Ga.App. 847, 849 ( 678 SE2d 539 ) (2009); see Williams v. State, 296 Ga. 817, 819 ( 771 SE2d 373 ) (2015) (explaining that a warrantless search is presumed invalid and the State has the bu…
discussed Cited as authority (rule) Batten v. the State
Ga. Ct. App. · 2017 · confidence medium
Batten is correct that the State “has the burden of proving the validity of a consensual search and must show the consent is given voluntarily.” State v. Jourdan, 264 Ga. App. 118, 120 (1) ( 589 SE2d 682 ) (2003) (citation and punctuation omitted).
discussed Cited as authority (rule) State v. Mario Cesar Flores-Gallegos
Ga. Ct. App. · 2016 · confidence medium
“Mere acquiescence to the authority asserted by a police officer cannot substitute for free consent.” State v. Jourdan, 264 Ga. App. 118, 121 (1) ( 589 SE2d 682 ) (2003) (internal citation omitted); Hollenback v. State, 289 Ga. App. 516, 519 ( 657 SE2d 884 ) (2008).
discussed Cited as authority (rule) State v. Flores-Gallegos
Ga. Ct. App. · 2016 · confidence medium
“Mere acquiescence to the authority asserted by a police officer cannot substitute for free consent.” State v. Jourdan, 264 Ga. App. 118, 121 (1) ( 589 SE2d 682 ) (2003) (citation omitted); Hollenback v. State, 289 Ga. App. 516, 519 ( 657 SE2d 884 ) (2008).
discussed Cited as authority (rule) The State v. Depol
Ga. Ct. App. · 2016 · confidence medium
“Mere acquiescence to the authority asserted by a police officer cannot substitute for free consent.” State v. Jourdan, 264 Ga. App. 118, 121 (1) ( 589 SE2d 682 ) (2003) (citation omitted); Hollenback v. State, 289 Ga. App. 516, 519 ( 657 SE2d 884 ) (2008). *198 Kendrick v. State, 335 Ga. App. 766, 769 ( 782 SE2d 842 ) (2016).
discussed Cited as authority (rule) Kendrick v. the State
Ga. Ct. App. · 2016 · confidence medium
“Mere acquiescence to the authority asserted by a police officer cannot substitute for free consent.” State v. Jourdan, 264 Ga. App. 118, 121 (1) ( 589 SE2d 682 ) (2003) (citation omitted); Hollenback v. State, 289 Ga. App. 516, 519 ( 657 SE2d 884 ) (2008).
examined Cited as authority (rule) Williams v. State (6×) also: Cited "see, e.g."
Ga. Ct. App. · 2012 · confidence medium
(Citation omitted.) State v. Jourdan, 264 Ga.App. 118, 122 (2) ( 589 SE2d 682 ) (2003).
examined Cited as authority (rule) Gerald Williams v. State (4×) also: Cited "see, e.g."
Ga. Ct. App. · 2012 · confidence medium
(Citation omitted.) State v. Jourdan, 264 Ga. App. 118, 122 (2) ( 589 SE2d 682 ) (2003).
cited Cited as authority (rule) State v. Hamby
Ga. Ct. App. · 2012 · confidence medium
(Citations, punctuation and footnote omitted.) State v. Jourdan, 264 Ga. App. 118, 120-121 (1) ( 589 SE2d 682 ) (2003).
discussed Cited as authority (rule) State v. Kathy Hamby
Ga. Ct. App. · 2012 · confidence medium
Consent is not voluntary when it is the result of duress or coercion, express or implied.”6 Voluntariness of consent is determined by the totality of the circumstances using the standard of objective reasonableness.7 The inquiry is whether a reasonable person would feel free to decline the request to search or otherwise terminate the encounter.8 6 (Citations, punctuation and footnote omitted.) State v. Jourdan, 264 Ga. App. 118, 120-121 (1) ( 589 SE2d 682 ) (2003).
examined Cited as authority (rule) State v. Austin (9×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2011 · confidence medium
Consent is not voluntary when it is the result of duress or coercion, express or implied." (citation, footnotes and punctuation omitted)). [25] See Walker, 299 Ga.App. at 791 (2), 683 S.E.2d 867 ("The intrusiveness of a consensual search— including the type, duration, and physical zone of the intrusion—is limited by the permission granted, and only that which is reasonably understood from the consent may be undertaken." (footnote omitted)). [26] Jourdan, 264 Ga.App. at 121 (1), 589 S.E.2d 682 . [27] Compare Silverio, 306 Ga.App. at 446 (3), 702 S.E.2d 717 ("The presence of several police off…
discussed Cited as authority (rule) State v. Neese (2×)
Ga. Ct. App. · 2010 · confidence medium
Brooks, 285 Ga. at 425 ; State v. Jourdan, 264 Ga. App. 118, 120 (1) ( 589 SE2d 682 ) (2003).
discussed Cited as authority (rule) State v. Long
Ga. Ct. App. · 2010 · confidence medium
Greco, for appellees. 1 See State v. Batty, 259 Ga. App. 431 ( 577 SE2d 98 ) (2003). 2 See id.; State v. Jourdan, 264 Ga. App. 118, 119 ( 589 SE2d 682 ) (2003). 3 The state does not argue that the police officer had reasonable articulable suspicion of criminal activity based on the presence of Long and Irvin in an area known for drug activity or on Long’s nervousness.
examined Cited as authority (rule) Johnson v. State (4×)
Ga. Ct. App. · 2009 · confidence medium
And, we are required to scrutinize closely an alleged consent to search.” (Citations, punctuation and footnotes omitted.) State v. Jourdan, 264 Ga. App. 118, 120-121 (1) ( 589 SE2d 682 ) (2003).
discussed Cited as authority (rule) State v. Durrence
Ga. Ct. App. · 2008 · confidence medium
Persse, for appellee. 1 See State v. Batty, 259 Ga. App. 431 ( 577 SE2d 98 ) (2003). 2 See id.; State v. Jourdan, 264 Ga. App. 118, 119 ( 589 SE2d 682 ) (2003). 3 (Citation and punctuation omitted.) Jourdan, supra at 120-121 (1). 4 Id. at 121 (1). 5 See State v. Westmoreland, 204 Ga. App. 312, 313 (2) ( 418 SE2d 822 ) (1992). 6 (Citation and punctuation omitted.) Jourdan, supra. 7 See Westmoreland, supra at 314 (2). 8 See Corley v. State, 236 Ga. App. 302, 306 (1) (b) ( 512 SE2d 41 ) (1999). 9 See Woodruff v. State, 233 Ga. 840, 844 (3) ( 213 SE2d 689 ) (1975). 10 (Citation and- punctuation om…
discussed Cited as authority (rule) Brown v. State
Ga. Ct. App. · 2008 · confidence medium
J., and Phipps, J., concur. 1 See Foster v. State, 285 Ga. App. 441, 442 ( 646 SE2d 302 ) (2007). 2 (Citation and punctuation omitted.) Id. at 443 . 3 (Citation and punctuation omitted.) Id. at 444 . 4 Compare Shoemaker v. State, 292 Ga. App. 97, 98 (1) ( 663 SE2d 423 ) (2008) (officer reasonably believed that hard case in defendant’s pocket might contain a weapon after determining that defendant was nervous, jumpy, admittedly on drugs, and had entered a suspicious vehicle containing drug contraband); Vaughan v. State, 279 Ga. App. 485, 487 ( 631 SE2d 497 ) (2006) (officer authorized to look…
discussed Cited as authority (rule) Hollenback v. State
Ga. Ct. App. · 2008 · confidence medium
Webb, Assistant District Attorney, for appellee. 1 Hobbs v. State, 272 Ga. App. 148 (1) ( 611 SE2d 775 ) (2005) (citations and punctuation omitted). 2 Borda v. State, 187 Ga. App. 49, 50 ( 369 SE2d 327 ) (1988) (citation and punctuation omitted). 3 State v. Jourdan, 264 Ga. App. 118, 121 (1) ( 589 SE2d 682 ) (2003) (citations and punctuation omitted). 4 220 Ga. App. 296 ( 469 SE2d 429 ) (1996). 5 201 Ga. App. 320 ( 411 SE2d 324 ) (1991). 6 Supra. 7 See State v. Jourdan, supra; compare Borda v. State, supra (finding that after the officer asked for permission to conduct a patdown, the defendant…
discussed Cited as authority (rule) Bennett v. State
Ga. Ct. App. · 2007 · confidence medium
Blackburn, P. J., and Bernes, J., concur. 1 The trial court also found Bennett guilty of possessing methamphetamine, but the trial court merged this count into the charge of possessing methamphetamine with the intent to distribute at sentencing. 2 See Jackson v. State, 280 Ga. App. 716 ( 634 SE2d 846 ) (2006). 3 See id. at 716-717 . 4 The State does not dispute that Bennett was detained from the time of the initial traffic stop until his subsequent arrest. 5 See Ohio v. Robinette, 519 U. S. 33, 39 (117 SC 417, 136 LE2d 347) (1996). 6 (Punctuationomitted.) State v. Jourdan, 264 Ga. App. 118, 12…
cited Cited as authority (rule) Mason v. State
Ga. Ct. App. · 2007 · confidence medium
Similarly, in State v. Jourdan, 264 Ga. App. 118, 119 ( 589 SE2d 682 ) (2003), the defendant consented to a search for weapons.
examined Cited as authority (rule) Foster v. State (4×)
Ga. Ct. App. · 2007 · confidence medium
Johnson, P. J., and Mikell, J., concur. 1 Stokes v. State, 238 Ga. App. 230 ( 518 SE2d 447 ) (1999) (citation omitted). 2 Barnes v. State, 228 Ga. App. 44 ( 491 SE2d 116 ) (1997) (citation omitted). 3 State v. Jourdan, 264 Ga. App. 118, 120 (1) ( 589 SE2d 682 ) (2003). 4 Id. at 121 (citation and punctuation omitted). 5 See Tutu v. State, 252 Ga. App. 12, 13 ( 555 SE2d 241 ) (2001). 6 Barnes, supra at 45-46 (citations and punctuation omitted). 7 Jourdan, supra at 121 (citation omitted). 8 Stokes, supra at 232 (citation omitted). 9 Id. (citation omitted). 10 See Stokes, supra (officer approached…
discussed Cited as authority (rule) Vaughan v. State
Ga. Ct. App. · 2006 · confidence medium
In State v. Jourdan, 264 Ga. App. 118,119 ( 589 SE2d 682 ) (2003), during the course of investigating possible drug use by hunters, Department of Natural Resources rangers found the defendant in a deer stand and asked him to come down.
discussed Cited as authority (rule) Debord v. State
Ga. Ct. App. · 2005 · confidence medium
The justification for a pat-down search is officer safety, thus the search must “be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer.” (Citation omitted.) State v. Jourdan, 264 Ga. App. 118, 122 (2) ( 589 SE2d 682 ) (2003).
discussed Cited as authority (rule) Wilson v. State
Ga. Ct. App. · 2005 · confidence medium
Crosby, Assistant District Attorneys, for appellee. 1 (Footnote omitted.) Almond v. State, 242 Ga. App. 650 (1) ( 530 SE2d 750 ) (2000). 2 Milby v. State, 256 Ga. App. 429, 430 ( 569 SE2d 256 ) (2002). 3 Id. at 431 . 4 See id. at 430 ; State v. Jourdan, 264 Ga. App. 118, 122 (2) ( 589 SE2d 682 ) (2003). 5 Jourdan, supra. 6 Howard v. State, 253 Ga. App. 158, 160 ( 558 SE2d 745 ) (2002). 7 See id. 8 See Brown v. State, 261 Ga. App. 351, 354 (2) ( 582 SE2d 516 ) (2003). 9 Griffith v. State, 172 Ga. App. 255, 258 (1) ( 322 SE2d 921 ) (1984) (physical precedent only) (citing from Wong Sun v. United…
discussed Cited "see" McCormack v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
Williams, supra at 718-719 (citation omitted); see State v. Jourdan, 264 Ga. App. 118, 120 (1) ( 589 SE2d 682 ) (2003).
discussed Cited "see" James McCormack v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
While the removal of the pill box from the pocket was justifiable based on consent, the opening was not. “[I]t is the State that bears the burden of proving that [McCormack] voluntarily consented to the removal of the [box] and the subsequent search thereof, and we are required to scrutinize closely any alleged consent given by a suspect to police.”14 Although the trial court found that McCormack had consented to the officer removing the pill box from his pocket (as the law authorized it to find from the evidence presented), “the State introduced no evidence that [McCormack] consented to…
discussed Cited "see" Feaster v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
Katz, Assistant District Attorney, for appellee. 1 Martinez v. State, 278 Ga. App. 500 ( 629 SE2d 485 ) (2006) (citations omitted). 2 See OCGA §§ 16-8-41 (a) (armed robbery); 16-11-106 (b) (possession of a firearm during commission of a felony); see generally Marlin v. State, 273 Ga. App. 856, 858-859 (2) ( 616 SE2d 176 ) (2005) (circumstantial evidence is sufficient to establish the use of a gun during an armed robbery). 3 Elliott v. State, 253 Ga. 417, 420 (2) (a) ( 320 SE2d 361 ) (1984) (citations omitted). 4 See id.; Williams v. State, 262 Ga. App. 864, 866 (2) ( 586 SE2d 751 ) (2003). 5…
discussed Cited "see, e.g." Smithson v. State (2×)
Ga. Ct. App. · 2005 · signal: see also · confidence medium
See also Kirsche v. State, 271 Ga. App. 729, 731 ( 611 SE2d 64 ) (2005). 10 (Citation, punctuation and footnote omitted.) State v. Jourdan, 264 Ga. App. 118, 121 (1) ( 589 SE2d 682 ) (2003).
The State
v.
Jourdan
A03A2423.
Court of Appeals of Georgia.
Nov 13, 2003.
589 S.E.2d 682
Cecilia M. Cooper, District Attorney, Daniel P. Bibler, Assistant District Attorney, for appellant., Craig S. Mathis, for appellee.
Blackburn, Ellington, Phipps.
Cited by 36 opinions  |  Published
5 passages pin-cited by 5 cases
Pinpoint authority: #25,295 of 633,719
Citer courts: Court of Appeals of Georgia (5)
Blackburn, Presiding Judge.

The State appeals the trial court’s grant of David Allen Jourdan’s motion to suppress methamphetamine discovered inside a cigarette box during what the State contends was a lawful frisk for weapons. For the reasons set forth below, we affirm.

[*119] In reviewing a trial court’s ruling on a motion to suppress, we must adopt the trial court’s findings of fact unless those findings are not supported by any evidence and are clearly erroneous. Padron v. State. 1 So considered, the evidence shows that on December 15, 2001, while checking a hunting area in Webster County for illegal bait, Department of Natural Resources (DNR) officers discovered a suspicious blue packet on the ground near a campsite. State testing confirmed that the packet contained methamphetamine. A week later, DNR Ranger Steve Robinson and Sergeant Butch Potter returned to the same campsite and hunting area “to follow up on the meth that we’d found and that bait that we’d found.” While searching for hunters, Robinson found Jourdan some 20 feet up in a deer stand. At Robinson’s request, Jourdan climbed down. Robinson asked Jourdan if he had any weapons on his person and if he would consent to a search for weapons. Jourdan consented. After checking Jourdan’s pockets and finding no weapons, Robinson asked Jourdan to remove his coveralls and he did so. While patting him down, Robinson felt a cigarette box in Jourdan’s left shirt pocket. Robinson could see that it was a pack of Camel cigarettes.

After testifying three times that he and not Jourdan had removed the box from Jourdan’s pocket, Robinson amended his testimony to say that Jourdan had done so. Robinson then testified that at his request, Jourdan removed the box from his pocket and handed it over to him. Robinson opened the box and found what he suspected was contraband. Robinson testified that he then asked Jourdan “if he was going to tell me what was in the baggie,” and Jourdan had responded, “[fit’s speed, sir.” After Jourdan failed certain field sobriety tests, Robinson arrested him. State testing purportedly confirmed the substance in the cigarette box as being methamphetamine.

The State brought a three-count accusation against Jourdan for possession of methamphetamine, hunting under the influence of drugs, and hunting deer without wearing fluorescent orange material. Jourdan filed a motion to suppress all evidence obtained “as a result of an illegal search, seizure, stop, or arrest” including any post-arrest statements and test results. He asserted that his federal and state constitutional rights had been violated.

At the hearing on the motion to suppress, the State argued that the search of the cigarette package was lawful and consensual. Robinson, the State’s sole witness and the only person to testify, claimed that Jourdan gave permission for the search. Robinson testified that he opened the cigarette box because he knew that such[*120] boxes could contain concealed weapons. When asked, “[w]hat about that box of cigarettes made you think that that was a weapon?” Robinson responded, “[njothing, sir, but they can put weapons in them.” When further asked, “[w]as there anything about this particular box that made you think that there [were] weapons in the box?” Robinson answered, <£[i]n the box, no, sir.” Robinson admitted that he had asked Jourdan only for permission to search for weapons and that he did not disclose the fact that rangers had earlier found a “blue bag of crystal meth.”

In granting the motion to suppress, the trial court entered several findings. The trial court found that the rangers were not required to obtain a search warrant before returning to the campsite where the methamphetamine had previously been discovered. The court also found that, as a conservation ranger lawfully executing his duties, “Ranger Robinson could lawfully approach any person found at the location and ask for identification.” The court further determined that “Ranger Robinson’s search of Defendant’s outer clothes was properly justified under Terry v. Ohio 2

As to the search of the interior clothes, the trial court stated that such a search “would normally be invalid under the provisions of Terry, supra,” but that Jourdan had freely consented to such a search. The trial court found, however, that Robinson’s search of the contents of the cigarette box where the drugs were discovered was “improper and invalid.” The court noted:

Ranger Robinson testified at the motion to suppress hearing that there was nothing about the cigarette box that made him think the box contained a weapon. This Court can only assume therefore that because Ranger Robinson did not believe the box contained a weapon, his search of the box was for the purpose of obtaining evidence.

The trial court found that the search exceeded its lawful scope and that the evidence seized was “tainted by the illegal search.” On that basis, the trial court granted Jourdan’s motion to suppress.

1. The State contends that the trial court erred in granting the motion to suppress because the officer’s search of the cigarette box was done with Jourdan’s consent. The State claims that Jourdan never revoked or withdrew his consent and that the search of the box was done “by virtue of that consent.”

“The State has the burden of proving the validity of a consensual search and must show the consent is given ‘voluntarily.’ ” Clemow v. [*121] State 3 “[C]onsent which is the product of coercion or deceit on the part of the police is invalid.” Code v. State. 4 Consent is not voluntary when it is the result of duress or coercion, express or implied. Id.

The voluntariness of consent is determined by the totality of the circumstances; no single factor controls. The standard for measuring the scope of a suspect’s consent under the Fourth Amendment is that of objective reasonableness — what would the typical reasonable person have understood by the exchange between the officer and the suspect. The appropriate inquiry is whether a reasonable person would feel free to decline the officers’ request to search or otherwise terminate the encounter.

(Citations and punctuation omitted.) Corley v. State. 5 Mere acquiescence to the authority asserted by a police officer cannot substitute for free consent. State v. Westmoreland. [6] 7And, “[w]e are required to scrutinize closely an alleged consent to search.” Corley, supra at 306. While Jourdan apparently acquiesced to the officer’s directive to give him the cigarette box, we cannot say that single factor demonstrated free consent or showed that Jourdan felt free to refuse to do so. See id.

The State’s reliance upon Morris v. State [7] is misplaced because in that case, unlike here, the deputy asked the defendant whether he would mind if the deputy examined his box of matches and the defendant responded, “ ‘no, go ahead.’ ” Id. at 101 (1). Inside the match box were three clear, plastic bags containing a white powdery substance, later determined to be cocaine. Here, the record contains no such testimony by the officer. After considering the totality of the circumstances, we find that the State failed to meet its burden of showing that Jourdan voluntarily consented to the search of the contents of his cigarette box.

2. The State contends that the trial court erred in granting the motion to suppress because the officer was conducting a valid search for weapons. Relying upon Robinson’s testimony that a box of cigarettes “can have switchblades, razor knives, and stuff like that,” the State claims that “[c]learly, the ranger testified that his purpose for opening the box was to check for the possibility of a concealed weapon and not for obtaining evidence.” Citing Elzey v. State, 8 the State also[*122] argues that “[h] unting in Georgia is a highly regulated activity, governed by a complex set of rules designed for a variety of purposes, including safety, wild game management, and revenue generation.” The State asserts that the privilege of hunting and the peculiar nature of that activity result in a diminished expectation of privacy on the part of hunters. See id. at 50. While it is true that hunting is a highly regulated activity subject to licensing and permitting, [9] it is not true that constitutional safeguards for hunters are completely abrogated. The Fourth Amendment protects an individual’s right to be secure against unreasonable searches and seizures. The “touchstone of the Fourth Amendment is reasonableness.” (Punctuation omitted.) Ohio v. Robinette. [10] “Reasonableness, in turn, is measured in objective terms by examining the totality of the circumstances.” (Punctuation omitted.) State v. Sims.* 11

Because the sole justification for a pat-down search or frisk is the protection of the police officer, an extended search exceeding the purpose of an otherwise lawful search is constitutionally unreasonable. Wyatt v. State. 12 A frisk involves a pat-down of a person’s outer clothing and is not a full search.

Unlike a full search, a frisk is conducted solely for the purpose of insuring the safety of the officer and of others nearby, not to procure evidence for use at a subsequent trial. It must therefore be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer. In other words, an extended search, exceeding the purpose of the frisk, would be constitutionally unreasonable, and any evidence thereby obtained must be excluded.

Corley, supra at 304-305 (1) (a). After completing a frisk of a person’s outer clothing, an officer may

intrude beneath the surface only if he comes upon something which feels like a weapon. An officer who exceeds a pat-down without first discovering an object which feels reasonably like a knife, gun, or club must be able to point to specific and articulable facts which reasonably support a[*123] suspicion that the particular suspect is armed with an atypical weapon which would feel like the object felt during the pat-down.
Decided November 13, 2003. Cecilia M. Cooper, District Attorney, Daniel P. Bibler, Assistant District Attorney, for appellant. Craig S. Mathis, for appellee.

(Citations and punctuation omitted.) Brown v. State. 13 Here, the record contains no testimony that Robinson reasonably believed that this particular individual was armed and trying to conceal an atypical weapon. Compare Pace v. State [14] (officer authorized to reach into pocket of defendant where defendant repeatedly tried to reach into his pocket and officer reasonably believed defendant was reaching for a weapon). In these circumstances, we cannot say that the trial court clearly erred in finding that the search of Jourdan’s person exceeded its lawful scope. See Sprinkles v. State. 15

Judgment affirmed.

Ellington and Phipps, JJ, concur.
1

Padron v. State, 254 Ga. App. 265 (562 SE2d 244) (2002).

2

Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968).

3

Clemow v. State, 196 Ga. App. 533 (1) (396 SE2d 302) (1990).

4

Code v. State, 234 Ga. 90, 93 (III) (214 SE2d 873) (1975).

5

Corley v. State, 236 Ga. App. 302, 306 (1) (b) (512 SE2d 41) (1999).

6

State v. Westmoreland, 204 Ga. App. 312, 313 (2) (418 SE2d 822) (1992).

7

Morris v. State, 239 Ga. App. 100, 101 (520 SE2d 485) (1999).

8

Elzey v. State, 239 Ga. App. 47, 49 (519 SE2d 751) (1999).

9

OCGA § 27-2-28 (a) requires any person required to carry a license, permit, or stamp issued pursuant to the Game and Fish Code to allow the inspection of such hunting license, permit, or stamp by a conservation ranger and to produce his driver’s license or other equally reliable identification, when requested to do so by a DNR officer.

10

Ohio v. Robinette, 519 U. S. 33, 39 (117 SC 417, 136 LE2d 347) (1996).

11

State v. Sims, 248 Ga. App. 277, 278 (546 SE2d 47) (2001).

12

Wyatt v. State, 151 Ga. App. 207, 210 (1) (259 SE2d 199) (1979).

13

Brown v. State, 181 Ga. App. 768, 771 (1) (a) (353 SE2d 572) (1987).

14

Pace v. State, 219 Ga. App. 583, 586 (466 SE2d 254) (1995).

15

Sprinkles v. State, 227 Ga. App. 112 (1) (488 SE2d 492) (1997).