Summary
The Georgia Court of Appeals affirmed Marcus McNeil’s conviction for possession of cocaine. The court held that his consent to a search for weapons reasonably included a search inside his pants pockets, so the cocaine discovered during that search was admissible.
Topics
Practice areas
Questions Presented
- Whether McNeil's consent to a search of his person for weapons and needles reasonably included a search of the inside of his pants pockets.
- Whether the trial court correctly denied McNeil's motion to suppress the cocaine discovered during that search.
Holdings
- A suspect's consent to a search for weapons, including small sharp objects such as needles, may reasonably include a search of the inside of the suspect's pants pockets when the surrounding circumstances indicate that the officer was searching for those objects.
- The trial court did not err in denying the motion to suppress because the search was justified by McNeil's consent and did not exceed its scope.
Key quotations
“The standard for measuring the scope of a suspect's consent is that of objective reasonablenesswhat would a typical reasonable person have understood by the exchange between the officer and the suspect?” (545 S.E.2d at 131)
“Because such items could be found in a pants pocket, McNeil's consent to a search of his person for weapons could reasonably be understood to allow a search of his pants pockets.” (545 S.E.2d at 132)
Factual background
Police executing a warrant to search Robert McNeil's home for drugs found six men inside, including Marcus McNeil. Officers handcuffed and escorted the men outside while securing the premises, then asked McNeil whether they could search him for weapons, needles, or similar objects. McNeil replied, "no, go ahead," and an officer searched the outside of his clothing and pulled out the pocket linings to avoid being stuck by a needle. A plastic bag containing cocaine was revealed in one pocket.
Procedural history
Police discovered cocaine in the lining of McNeil's pants pocket while executing a warrant at another person's home. McNeil moved to suppress the cocaine, arguing that his consent to a weapons search did not extend to the inside of his pocket. The trial court denied the motion and found him guilty after a bench trial. The Court of Appeals affirmed.