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Scoggins v. State

The search of defendant's car after he fled from a traffic stop was permissible as a search incident to his arrest.

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We granted the application of Robert Clayton Scoggins for an interlocutory appeal of the trial court’s order denying his motion to suppress. Because the search of Scoggins’s car after he fled from a traffic stop and then attempted to flee on foot was permissible as a search incident to arrest, we affirm on that basis and do not reach the issue of whether an inventory search was properly conducted.

“Where the evidence on a motion to suppress is uncontroverted and credibility is not an issue, we review the evidence and the application of the law thereto de novo, construing all evidence in favor of the trial court’s judgment.” Citations and footnotes omitted. Almond v. State, 242 Ga. App. 650 530 SE2d 750 2000. The evidence in this case shows without dispute that a Georgia State Patrol officer was on patrol in Paulding County when he encountered a green Camaro traveling at a high rate of speed. After obtaining a radar reading of 78 miles per hour in a 55 mile zone, the officer turned his patrol car around, activated his blue lights, and attempted to stop the Camaro. The driver fled, made an abrupt left turn into a nearby auto body shop, and drove to the rear of the building. When the officer arrived, no one was inside the car, which had been parked in front of some garage doors. The officer quickly searched the area and noticed that one of the doors was partially open. When he pulled on the door it rolled up and he saw a man later identified as Scoggins standing just inside the door “face to face” with him.

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