Georgia Court Of Appeals, (November 19, 1997)
Docket number: A97A0895
DECIDED
POPE, Presiding Judge. - DECIDED
Permanent Link:
http://vlex.com/vid/sprauve-v-the-state-20430069
Id. vLex: VLEX-20430069
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Judgment affirmed. Johnson, J., concurs. Blackburn, J., concurs in judgment only.

U.S. Supreme Court - United States v. Sharpe, 470 U.S. 675 (1985)
U.S. Supreme Court - Florida v. Rodriguez, 469 U.S. 1 <I>(per curiam)</I> (1984)
Emmett J. Arnold IV, for appellant.
Defendant Deron Sprauve was convicted of trafficking in cocaine. On appeal he argues the trial court erred in denying his motion to suppress, asserting three enumerations of error.The evidence shows that defendant was stopped by Drug Enforcement Administration agents at Hartsfield International Airport after they received information from a St. Thomas agent that the defendant appeared to have suspicious bulges around his ankles and that his walk was unusual. The local agents were waiting for defendant when he debarked and observed his walk to the luggage carousel. The officers testified defendant's walk was "deliberate . . . stiff legged . . . it wasn't a natural walk." The agents approached defendant and asked if they could talk to him. Defendant responded affirmatively. One of the agents asked to look at defendant's airline ticket, and the defendant allowed the agent to look at his ticket. The officer testified that defendant appeared nervous and that his hands started to shake and he appeared to have difficulty breathing. Defendant gave the officers contradictory explanations of why he was visiting Atlanta, first stating he was in Atlanta to look for a job and later stating he was in Atlanta to visit friends.Testimony was also presented that while one of the officers was questioning the defendant, the other officer was attempting to look at defendant's ankles, but that defendant appeared to keep turning away from the officer so as to prevent him from seeing the inside of his leg. The officer testified that he eventually was able to observe an "unusual bulge" on the lower, inside area between defendant's calf and ankle. The agent asked defendant about the bulge, and the defendant told the agents that it was "nothing." Defendant also refused the agents' request to search his person or his smaller bag, but gave the agents permission to search his bigger bag.At this point, the agents informed defendant they were detaining him and his bags while a drug detector dog was brought in, but they did not place defendant under arrest. Testimony was presented that the officers had been talking to defendant for about ten or fifteen minutes at this point, and that approximately another fifteen minutes elapsed until the drug dog arrived. The drug detector dog "alerted" to the presence of drugs on defendant's person and in the smaller bag. Defendant was read his rights and was informed that he would be detained while officers obtained a search warrant. Defendant was searched after officers at the scene received information that the warrant had been obtained. A bag of what was subsequently identified as cocaine was discovered on the inside of both defendant's ankles, and another bag of cocaine was found in defendant's small bag. Defendant was then placed under arrest. About three hours had elapsed between the initial interview and the time the search warrant was obtained.Williams,Try vLex for FREE for 3 days
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