A state law that prohibits secrecy

Today’s column is on secrecy. The government doesn’t want you to have much of that, just ask the NSA. Georgia has a law that prohibits secrecy too, but this law applies to your vehicle.

OCGA Sec. 16-11-112 makes having a “false or secret compartment” in your vehicle unlawful if the purpose is to hide someone for an unlawful purpose, illegal drugs or contraband. So apparently having a secret compartment to hide your money, guns or girlfriend is O.K.

Things that the cops are looking for? Altered gas tanks, altered glove boxes or consoles, or added “boxes” that are sometimes welded onto the vehicle with access through the floorboard.

Now the obvious reason to have such a compartment is to transport illegal drugs. Cocaine, marijuana, pills, and the like are subject to being found by the wrong guys, whether it be cops or other drug lords. Cops are actually pretty good at finding secret compartments, but rival drug dealers maybe not so much.

What is the penalty for having such a compartment? Well, it is kind of like perjury. Prosecutor: “Sir, do you know the penalty for perjury?” Defendant: “Yep, and it is a whole lot less than murder.” Same goes with secret compartments. Simply having the compartment, assuming the cops can tag you with an unlawful purpose, can get you one to two years in the joint. And that is not a joint where you get to smoke joints either.

What is also cool about the statute is that if the vehicle is not subject to forfeiture (meaning they didn’t find enough drugs to seize the car), the cops can seize the license plate and issue a temporary license that is good for 30 days for the owner to get the vehicle repaired so as to remove the illegalness of the compartment.

Finally, what is a vehicle? A car, truck, motorcycle, bicycle (?), aircraft, helicopter, ship, yacht or other vessel.

A bike? Really? Why not a skateboard too? The drug methamphetamine is sometimes called “crank” because Hell’s Angels used to transport it inside the crankcase of their motorcycles.

And now you know that secrecy has a price.

Kelly Burke, former district attorney and magistrate judge, is engaged in private practice. He focuses on personal injury cases and corporate litigation. These articles are not designed to give legal advice, but are designed to inform the public about how the law affects their daily lives. Contact Kelly at kelly@burkelasseterllc.com to comment on this article or suggest articles about the law that you’d like to see.

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