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Armstrong v. State

Evidence showed that the impoundment of the defendant's car was lawful and the search, during which officers found a backpack containing controlled substances, was conducted in good faith pursuant to standard police department procedure for a valid inventory search.

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After a bench trial on evidence stipulated to by the prosecution and the defense, Charles Christopher Armstrong was found guilty of trafficking in methamphetamine in violation of OCGA § 16-13-31 e; possession of a controlled substance oxycodone in violation of OCGA § 16-13-30 a; possession of a controlled substance less than one ounce of marijuana in violation of OCGA §§ 16-13-30 j and 16-13-2 b; and driving while his license was suspended in violation of OCGA § 40-5-121. On appeal Armstrong contends: 1 that the trial court erred by denying his pre-trial motion to suppress evidence found by police during a warrantless inventory search of his impounded car; and 2 that the evidence was insufficient to support the guilty verdict. We find that the trial court correctly denied the motion to suppress and that the evidence was sufficient to support the guilty verdict.

1. As to the motion to suppress, Armstrong’s contention on appeal and in the trial court was that: 1 it was not reasonably necessary for police to impound the car, therefore police had no basis to conduct the warrantless inventory search of the car pursuant to the impoundment, and 2 the warrantless search was an illegal investigatory search conducted under the guise of an inventory search.

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