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State v. Neese

A police officer's search of a small handheld flashlight contained in defendant's backpack exceeded the scope of the defendant's consent, because the police officer did not inform the defendant that he was searching for narcotics prior to seeking the defendant's consent, but only asked the defendant for identification

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Jerry Lee Neese was charged with possession of methamphetamine. The state appeals an order granting Neese’s motion to suppress evidence obtained during what the state contends was a valid search pursuant to consent. For the reasons set forth below, we affirm. In reviewing a trial court’s ruling on a motion to suppress, we construe the evidence and all inferences to be drawn from the evidence in the light most favorable to the trial court’s decision. See State v. Goode , 298 Ga. App. 749, 750 681 SE2d 1991 2009. To the extent that the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, we review de novo the trial court’s application of the law to undisputed facts. Davis v. State , 297 Ga. App. 319, 320 677 SE2d 372 2009.

So viewed, the evidence showed that Neese was fishing in a private residential neighborhood when he was approached by a police officer who was patrolling the area in response to a suspicious person alert. The officer asked Neese for his identification. Neese, who was carrying a fishing pole and a backpack, told the officer that the officer could retrieve his identification from the backpack. Prior to opening the backpack, the officer asked Neese whether “there was anything else in the backpack that he needed to be concerned about.” Neese replied, “No. You can check it.” The officer then searched the backpack and found, among a large number of fishing supplies, Neese’s identification card and a flashlight with a screw-on tail cap. He opened the tail cap, and found crystal methamphetamine inside.

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