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Silva v. State

The trial court's application of the law to undisputed facts is subject to the de novo standard of review on appeal.

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This Court granted a writ of certiorari in State v. Silva , 263 Ga. App. 371 587 SE2d 762 2003, to determine whether the Court of Appeals correctly applied the de novo standard of review in reversing the trial court’s grant of a motion to suppress. Finding that it did, we affirm. While on patrol, a police officer observed Edward Silva driving 74 miles per hour in a 45 miles per hour zone. The officer activated his blue lights in an attempt to stop Silva, but Silva did not pull over immediately. While Silva was still traveling at a high speed, the officer observed him leaning to his right at a severe angle, apparently placing his right hand underneath the passenger seat; Silva continued to drive in that position as he passed a stopped car, braked rapidly, changed lanes, and pulled to the right side of the road. Once Silva stopped, the officer approached from the passenger side, as he was concerned for his safety because of Silva’s actions in front of the passenger seat. That window was open, and the officer asked Silva why he was speeding and what he had placed under the seat; Silva responded that he was in a hurry to get to his child, and that he had not placed anything under the seat, but was attempting to retrieve a cellular telephone. The officer had Silva exit the car and “patted him down” to ensure he had no weapons. After finding no weapons on his person, the officer looked underneath the passenger seat expecting to find a “weapon or something of that nature.” He smelled unburned marijuana, discovered a brick of marijuana under the seat, and arrested Silva.

Silva moved to suppress the marijuana as the result of an illegal search, the trial court conducted a hearing on the motion, and granted it. The Court of Appeals reversed the trial court, finding that the officer was legally justified in looking under the seat, and that the marijuana was therefore in “plain view” when he encountered it. Silva , supra at 373. Further facts are reported in the decision of the Court of Appeals, Silva , supra.

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