Bogan v. State

The arresting officers had authority under the totality of the circumstances to make the initial investigative stop of the car in which the defendant was riding.

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Clarence Bogan, IV appeals following his conviction for Trafficking in Cocaine. We affirm. On February 6, 2002, officers from the Middle Georgia Fugitive Squad were attempting to locate a fugitive, relying upon a tip from the fugitive’s girlfriend. The girlfriend had directed police to a specific street and given information that one of the fugitive’s relatives lived “close to the end” of that street. She also indicated that there would be a dark-colored Honda Accord and a second car parked in the driveway. While in the area, the officers observed a blue Honda Accord, matching the girlfriend’s description, backing out of a driveway. Deputy Sidney Jordan pulled behind the car, blocking it from exiting the driveway, and the driver jumped out and ran. Two other men also exited the car. Jordan chased the driver, but was unable to catch him. In the meantime, Investigator Maurice Dudley, Jordan’s partner, spoke with the two passengers, later identified as Bogan and his co-defendant Travis McKenzie, in an effort to determine the driver’s name. Bogan told Dudley that the driver’s name was “Jason,” but would provide no other information. McKenzie then asked to go into the house to use the restroom.

When Jordan returned to the scene, he looked inside the car as he passed it and saw in plain view a plastic baggie in the driver’s seat that appeared to contain crack cocaine. He could see the baggie without entering the car, opening the door or rolling down any windows. After conferring, the two officers called for a Warner Robins Police Department drug investigator, because they were inside the Warner Robins city limits. Bogan was arrested at that time. The officers later found McKenzie hiding in a bedroom closet inside the house, and he was arrested.

Bogan v. State

The arresting officers had authority under the totality of the circumstances to make the initial investigative stop of the car in which the defendant was riding.

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