Legal Opinion
Lindsey v. State
Court of Appeals of Georgia
Decided November 30, 2006No. A06A1402PublishedCited by 7 opinions
1Opinion of the Court
Ellington, Judge.
Following a bench trial, the Superior Court of Gwinnett County convicted Phillip Lindsey of possession of methamphetamine, OCGA § 16-13-30. Lindsey appeals, challenging the court’s denial of his motion to suppress evidence seized during the execution of a civil Order to Apprehend for mental health evaluation. Because the search exceeded the scope of a pat-down for weapons and because Lindsey was not at the time of the search under arrest, based on probable cause, for a criminal offense, we reverse.
Where, as here, evidence presented at a hearing on a motion to suppress is…
2Cases cited18 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. RobinsonSupreme Court of the United States · 1973
- South Dakota v. OppermanSupreme Court of the United States · 1976
- Illinois v. LafayetteSupreme Court of the United States · 1983
- Gustafson v. FloridaSupreme Court of the United States · 1973
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3Cited by7 opinions
- Lewis v. StateCourt of Appeals of Georgia · 2012
- In the Interest of C. R.Court of Appeals of Georgia · 2008
- Boatright v. StateCourt of Appeals of Georgia · 2014
- White v. StateDistrict Court of Appeal of Florida · 2015
- In Re CrCourt of Appeals of Georgia · 2008
2 more not listed; retrieve them via the Exa API.