 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Berry v. State3/30/2001
BA-076C
Pursuant to the grant of an interlocutory appeal, Henry Lorenzo Berry appeals the superior court's denial of his motion to suppress evidence seized from his car after a traffic stop. He contends the trial court erred by holding that the search did not violate Art. I, Sec. I, Para. XIII of the Georgia Constitution (1983), or OCGA § 17-5-1.
The entire incident was videotaped by a camera in the police car and the video was shown to the court. The video and the officer's testimony shows that Berry was traveling alone at about 10:00 a.m. when he was stopped on I-20 by a City of Conyers police officer for driving a car with a dealer's drive-out license tag. The officer was a narcotics officer who apparently was on routine patrol with his drug dog and his partner. The video shows that the two police officers approached the car on both sides and looked in the car.
Although some comments are inaudible, the following is a transcript of the stop as shown on the videotape:
[10:05:23 a.m.]
Officer: Hey, how are you doing? May I see your drivers license and insurance please?
Mr. Berry, you step out here and I'll explain why I stopped you.
I don't like standing with my back to that traffic. The reason I stopped you is that you don't have a tag on it. How long have you had the car?
Berry: Just rented it and went to see my son in Atlanta.
Officer: You rented it.
Berry: Yes sir.
Officer: Where you headed to?
Berry: I'm going to [inaudible] -- Did I do something wrong or something?
Officer: It's because you don't have a tag. A lot of times we get a lot of stolen vehicles this way. I mean it's nothing for somebody to come up and take this one off, go to a car lot and put it on there and take off with it.
Officer: Where you coming from?
Berry: Atlanta. See my son.
Officer: See your son.
Officer: All that rain didn't scare you off, did it?
Berry: No, it didn't.
Officer: How long did you stay?
Berry: Not that long, I didn't stay long.
Officer: A day? Two weeks? A week?
Berry: Not long.
Officer: Not long?
Berry: Not long.
[10:06:50 -- Officer calls in Berry's driver's license information: Black male out of South Carolina 001958331.]
Officer: You have a regular car of your own?
Berry: Uh, yes sir.
Officer: What is it?
Berry: Just a pickup.
Officer: You got a pickup - It wasn't in good shape to drive down here?
Berry: [Nodded head.]
Officer: I'm going to run a quick check on your license to make sure everything is all right.
Officer: Wherebouts does your son live at in Atlanta?
[10:07:38]
Berry: Uh, Uh, Decatur [10:07:43]
Officer: Decatur.
Officer: Everything all right; he wasn't sick now was he?
Berry: Well I always gotta check on him.
Officer: How old is he?
Berry: 22.
Officer: 22.
Officer: He going go to school down there?
Berry: No, he's working.
Officer: Working. [Officer looks at paperwork.]
Officer: They only charged you 80 bucks to rent it?
Berry: $75, that's with tax.
Officer: That's the tax was it?
Berry: Yes, officer.
Officer: That ain't bad.
Officer: When did you come down?
Berry: E
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|