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Debord v. State10/26/2005
were hidden inside a seat back and the observation of officers of a suspicious slit cut into the seat back).
In this case, Debord was not arrested for the offense. Moreover, violation of the open container law, OCGA § 40-6-253 is governed by its own penalty provision, which provides that " ny person who violates this code section is subject to a fine not to exceed $200.00." OCGA § 40-6-253 (c). Thus, as Debord was only arrested after the officer searched his pockets and found the pipe, discovery of the contraband was not inevitable based on these facts.
Judgment reversed. Ruffin, C. J., and Johnson, P. J., concur.
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