GA: Bloody shoes seen during execution of an assault and false imprisonment SW could not be ignored; DNA not suppressed

Officers executing a search warrant in an aggravated assault and false imprisonment case saw a pair of tennis shoes with apparent blood on them. The bloody shoes were in plain view for a seizure. Bryant v. State, 304 Ga. App. 456, 696 S.E.2d 439 (2010).*

Defendant turned off his flashers and was driving on the shoulder when the officer stopped him. The stop was still reasonable under the community caretaking function. State v. Organ, 225 Ariz. 43, 234 P.3d 611, 585 Ariz. Adv. Rep. 10 (App. 2010)*:

P18 Based on the facts known to Officer Lamb at the time of the stop, it was reasonable for him to believe Defendant was having some emergency or trouble, that Defendant may have needed assistance and that a welfare check was necessary. Although Defendant’s vehicle was no longer at a complete stop, because Defendant was driving slowly on the shoulder of the road for some distance, Officer Lamb’s cause for concern was not alleviated. He could reasonably believe that Defendant had a continuing problem and needed help.

P19 Further, the officer’s action in stopping the vehicle was “suitably circumscribed to serve the exigency which prompted it.” Ray, 981 P.2d at 937. It was only after the officer noticed other suspicious behavior while performing the welfare check that his inquiry changed from ascertaining if Defendant needed assistance into a potential criminal investigation.