Baker v. State, 67518
| Decision Date | 18 April 1984 |
| Docket Number | No. 67518,67518 |
| Citation | 318 S.E.2d 178,170 Ga.App. 700 |
| Parties | BAKER v. The STATE. |
| Court | Georgia Court of Appeals |
Dwight H. May, Moultrie, for appellant.
H. Lamar Cole, Dist. Atty., James B. Thagard, Asst. Dist. Atty., for appellee.
William H. Baker, Jr. brings this appeal from his conviction of armed robbery. Held:
1. Appellant first enumerates as error the trial court's denial of his motion to suppress. As is pertinent to the issue here, the facts of record, construed in a light most favorable to the state, show the following. The clerk of the Junior Food Store # 99 in Moultrie, Georgia was robbed at gunpoint by three black males shortly before 10:15 p.m. on January 11, 1983. The victim did not observe any "get-away" vehicle. At approximately 10:15 p.m. detectives Morris and Rabon of the Moultrie Police Department received a telephone call reporting the armed robbery. Morris and Rabon, who were at the police department headquarters, left in separate cars, responding to the call. Rabon proceeded east along the Quitman Highway, a street taking him in front of the convenience store. Morris proceeded east on 5th Avenue, a street that would have taken him behind the store. The Quitman Highway and 5th Avenue run generally parallel and eventually converge at a point just east of the Junior Food Store # 99.
As Morris proceeded east along 5th Avenue, he observed a small black Mercury Comet hurriedly turn left onto 12th Street from 5th Avenue in the area of the V.F.W. At this time he observed three black males in the car. Morris' suspicions were aroused and he followed the car and attempted to radio its tag number into the police department. Morris observed other cars proceeding along 5th Avenue, but this black car immediately caught his attention. It was Morris' testimony, from his experience as a police officer in Moultrie, that it would take 3 or 4 minutes to get from the Junior Food Store # 99 to the area of the V.F.W. proceeding west along 5th Avenue. It was also his testimony from his police experience that, proceeding east along 5th Avenue, it would take 3 or 4 minutes to get from the Moultrie Police Department to the area of the V.F.W.
As Morris followed the small black car, it stopped at 706 12th Street, S.E., the residence of appellant Baker. The car pulled into the driveway and pulled up close to the front door. Morris angled his unmarked police car so that the headlights would be shining on the small black car. Morris, who was in civilian clothes, never turned on his blue lights or siren. Upon both cars coming to a stop, the three black males began exiting their car. Appellant got out on the driver's side. Charles Merritt got out on the passenger's side. A third unidentified individual got out of the back seat on the passenger's side. Morris called out for the three men to come to him and Baker and Merritt complied. Morris observed the third person "fumbling" with something in front of him as he got out of the back seat. Morris could not see this person's face. This unidentified individual then walked toward the house, around behind a pickup truck that was parked close to the house, and then continued around the north side of the house, apparently leaving the scene. Morris twice called out for this person to stop, but he never complied and continued on around the house.
As Baker and Merritt approached, Morris asked for identification from both of them. Baker provided Morris with a driver's license; Merritt stated he did not have any identification on him and walked back to the passenger's side of the car "and started to mess around inside the vehicle." During this entire period of time before other officers arrived, Morris was standing in the public road which ran in front of appellant's residence; he also never pulled his gun. Morris asked appellant who the third unidentified person was that had also gotten out of the car and appellant replied, "What other subject?" or At this time, Morris was still the only law enforcement officer at the scene.
At about this time, Lieutenant Boyd of the Moultrie Police Department and other law enforcement officers arrived at the scene, answering Morris' call for assistance. Morris explained to a deputy sheriff that one black male had gone around the house, and the deputy began a search for this person. Morris then began to explain to Lt. Boyd what had transpired. Morris had observed, and Boyd then observed, that Merritt was wearing a brown...
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