Legal Opinion · Concurrence

Megesi v. State

Court of Appeals of Georgia

Decided February 15, 2006No. A05A1915Published

1ConcurrenceRuffin, Chief Judge

Although I agree with the result reached, I am unable to agree with the analysis employed. I do not think law enforcement officers should be given carte blanche authority to “secure” all weapons during a routine traffic stop. Where, as here, the suspect was outside of the car, beyond the reach of the weapon, and the arresting officer testified that he did not feel threatened by the suspect, I see no need to permit the officer to enter the car to retrieve the gun.

Nonetheless, I believe the trial court properly denied Megesi’s motion to suppress. When the law enforcement officer approached the…

2Cases cited3 opinions

  1. State v. CharlesCourt of Appeals of Georgia · 2003
  2. Pierce v. StateCourt of Appeals of Georgia · 2005
  3. Parker v. StateCourt of Appeals of Georgia · 1998

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