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Register v. State

The arresting officer's search of the car in which the defendant was riding was illegal, because he based the search on invalid arrest warrants.

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Following her conviction for methamphetamine possession, Meghan Register appeals from the trial court’s denial of her motion to suppress the methamphetamine and other evidence found in a car in which she was a passenger. Register argues that because the search yielding the evidence was incident to the execution of an arrest warrant which was later invalidated, the evidence must be suppressed. We agree and reverse. The record shows that on November 15, 2004, Officer Sparks of the McDonough police department stopped a car because the driver and passenger were not wearing seatbelts. After checking the license of the driver, James Johnson, Sparks searched the car and found a methamphetamine pipe, methamphetamine, marijuana, and $1,335 in cash. Johnson and the passenger, Mitchell, were taken into custody but were soon released. On November 19, Sparks obtained warrants for the arrest of both men on the basis of the drugs and cash found in the car.

The next day, November 20, 2004, Officer Brownlee of the same department, who had been given copies of the warrants, saw Johnson in front of him in line at a convenience store. Brownlee followed Johnson outside and saw him walk toward a white Oldsmobile with a woman in the front passenger’s seat and a man in the rear driver’s side seat. Brownlee identified Johnson and asked him whether he was with the other two. Johnson said that he was. While Brownlee was placing Johnson under arrest, the woman, Meghan Register, left the car and came toward Brownlee, who asked her to sit down on the curb. Brownlee then noticed that Mitchell was leaning out of the Oldsmobile with the door open. Brownlee went over to the car, identified him, and placed Mitchell under arrest, and then put handcuffs on Register as well.

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