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Criminal Law Keyed to Gershowitz
Kohlmeier v. State
Citation:
289 Ga. App. 709, 658 S.E.2d 261.Facts
On January 31, 2006, a county sheriff’s department told its officers to be on the lookout for a certain truck that purchased a large quantity of matches, which indicated methamphetamine manufacturing.
An officer spotted the truck and, noticing that it did not have a working tag light, it stopped the vehicle. The driver was the defendant. As the officer was checking the defendant’s license, a drug dog alerted at the driver’s door seam. The search of the truck yielded a box of cold medicine containing pseudoephedrine, two full bottles of HEET brand fuel treatment, a Coleman camping stove, and a can of kerosene. According to the patrol officer, the type of stove found could be used to make methamphetamine and kerosene could be used to fuel that type of stove. No matches were found at the scene, however.
Another officer, a former narcotics agent with special training regarding the clandestine manufacturing of methamphetamine, was summoned to the scene for his opinion of whether it showed involvement in the manufacture of methamphetamine. He suspected impending manufacturing of methamphetamine. At trial, he testified that two of the three main ingredients required for manufacturing the drug had been recovered: pseudoephedrine and red phosphorus. The officer further testified that HEET was essentially methanol and often used in making the drug to extract the red phosphorus from the striker plates and also to separate the pseudoephedrine out of certain types of cold medicines, including the type found in the truck. Noting the stove, the officer explained that a heat source was required to make methamphetamine.
The defendant was convicted of criminal attempt to manufacture methamphetamine. He appealed.
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