DAY v. the STATE.
DAY v. the STATE.
Opinion
*328 Brea Day appeals her conviction for possession of marijuana less than one ounce. In her sole enumeration of error, Day argues that the trial court erred in denying her motion to suppress evidence seized during a warrantless search of her wallet. For the reasons set forth below, we affirm.
When "considering a trial court's denial of a motion to suppress, we construe the evidence in favor of the court's ruling, and we review de novo the trial court's application of the law to undisputed facts." (Citation, footnote, and punctuation omitted.)
*329
Whitfield v. State
,
After a hearing, the trial court denied Day's motion to suppress. In its order, the trial court found that while Day, as a probationer, has the right to be free from unreasonable searches and seizures, at the time of the search, Day "should not have reasonably expected the level of privacy that she would have at home." Instead, according to the trial court, Day was at a state probation office, "a place where a person and society would reasonably expect to be subjected to a search." And "[t]he Fourth Amendment protects against unreasonable searches and seizures." (Emphasis in original.)
"The Fourth Amendment [to the United States Constitution] proscribes all unreasonable searches and seizures, and searches conducted without prior judicial approval are per se unreasonable under the Fourth Amendment, subject to specifically established and well-delineated exceptions." (Citation omitted.)
Teal v. State
,
It is well-settled that government has a compelling interest in protecting the public and its employees inside government buildings. See
United States v. Lamson
,
*331
While we recognize the government's legitimate interest at stake, we must also consider the privacy interest of the person who enters the governmental facility. Courts have found that by presenting oneself at a sensitive facility's security checkpoint, one implicitly consents to the screening and search of one's belongings. See
United States v. Herzbrun
,
Moreover, Day was not just an ordinary citizen entering the facility - she was a convicted offender reporting to a probation appointment. While the "right to be free from unreasonable searches and seizures extends to all persons, including probationers[,] [a] defendant's status as a probationer ... is a factor to be considered in determining whether a search and seizure by a probation officer is unreasonable."
Hunter v. State
,
Judgment affirmed.
Mercier, J., concurs. Barnes, P.J., concurs specially.
Barnes, Presiding Judge, concurring specially.
Although I concur with the result reached by the majority in this opinion and agree that the trial court did not err in denying appellant's motion to suppress, I write separately only to emphasize that a search justified under the "administrative search" exception to the Fourth Amendment is not limitless and must nonetheless be constitutionally reasonable. "The Fourth Amendment permits the warrantless search of 'closely regulated' businesses; 'special needs' cases such as schools, employment, and probation; and 'checkpoint' searches such as airport screenings under the administrative search doctrine."
Corbett v. TSA
,
However, I agree that under the facts of this case the warrantless search of the appellant's wallet was justified because the probation officer saw "a leafy substance in the personal items that [the appellant] had placed on the wooden countertop," and, the appellant, then, referencing her wallet that was located nearby, told the officer "you don't want to go in there." Accordingly, in this case, I would find that the administrative exception in conjunction with reasonable suspicion of criminal wrongdoing justified the more extensive search of the appellant's wallet.
1
See
*422
Chandler v. Miller
,
It is unclear from the record whether Day agreed to a Fourth Amendment waiver as a special condition of her probation.
The Georgia Department of Community Supervision is a state agency tasked with supervising convicted offenders on parole and felony probation. See OCGA § 42-3-3.
We agree with the special concurrence's assertion that "a search justified under the 'administrative search' exception to the Fourth Amendment is not limitless and must nonetheless be constitutionally reasonable." As explained, supra, we utilize the balancing test in administrative search cases to determine the reasonableness of the search. We, however, cannot agree with the special concurrence's alternative analysis. The special concurrence appears to state that Day's implicit consent did not extend to the contents of her wallet. However, the administrative search exception we apply in this case is premised on Day's implied consent to search upon entering the building. Thus, to the extent the special concurrence concludes that Day's implicit consent did not extend to the contents of her wallet, the concurrence also necessarily concludes that the administrative search exception does not apply to the search of the wallet. If this is so, then the special concurrence essentially argues that "reasonable suspicion of criminal wrongdoing" alone justifies a warrantless search of the wallet. Such reasoning is inconsistent with well-established Fourth Amendment law, specifically that "no amount of probable cause [- much less reasonable suspicion -] can justify a warrantless search absent an exception to the warrant requirement." (Footnote omitted.)
Caffee v. State
,
As pointed out by the majority, there is no evidence in the record that Day waived her Fourth Amendment protections as a condition of probation, however even in those circumstances we have held that a search pursuant to a special condition of probation must be prompted by reasonable suspicion of criminal activity.
Rocco v. State
,
Reference
- Full Case Name
- Brea S. Day v. State
- Cited By
- 2 cases
- Status
- Published