Rains v. State, No. 63465

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtBANKE; McMURRAY, P. J., and BIRDSONG
Citation161 Ga.App. 361,288 S.E.2d 626
Decision Date19 February 1982
Docket NumberNo. 63465
PartiesRAINS v. The STATE.

Page 626

288 S.E.2d 626
161 Ga.App. 361
RAINS

v.
The STATE.
No. 63465.
Court of Appeals of Georgia.
Feb. 19, 1982.

Page 627

[161 Ga.App. 363] William Ralph Hill, Jr., LaFayette, for appellant.

D. L. Lomenick, Dist. Atty., LaFayette, for appellee.

[161 Ga.App. 361] BANKE, Judge.

The defendant appeals his conviction for unlawful possession of marijuana and methaqualone. His primary contentions are that he was the victim of an illegal search and seizure and that the evidence was insufficient to establish his possession of the contraband.

The defendant was arrested on the night of May 21, 1980, after the sheriff's office received a call for assistance on behalf of Diedre Cate, his live-in girlfriend. A sheriff's deputy encountered Ms. Cate at a residence on the road to the defendant's house. She was bleeding from the forehead and side and reported that the defendant had beaten and shot her. Based on this information, a justice of the peace was summoned to the scene, and the deputy swore out a warrant for the defendant's arrest on the charge of aggravated assault. The defendant was subsequently arrested in his house a short distance away, where, according to the deputy, he was seated at the top of the stairway to the second floor, "[k]ind of in a stupor ... just staring at the stairwell, and had a shotgun laying on his lap with the hammer cocked." The contraband was found in plain view inside an open briefcase on the floor approximately three feet away. Held :

1. From the location of the contraband in relation to the defendant and his condition at the time of his arrest, a rational trier of fact could reasonably have concluded beyond a reasonable doubt that the defendant was in knowing possession of the contraband. See generally Crawford v. State, 245 Ga. 89(1), 263 S.E.2d 131 (1980).

2. The motion to suppress was based on a contention that the arrest warrant was invalid because the justice of the peace who issued it was not neutral and detached. We find no evidence to support

Page 628

this contention. The fact that the magistrate drove to the scene rather than requiring the deputy to come to him did not in and of itself constitute such an involvement in law enforcement activities on his part as to destroy his neutrality, nor was his neutrality compromised by the fact that he waited outside the defendant's house after issuing the warrant in order to observe the anticipated siege. The cases relied upon by the defendant are inapposite. In Thomason v. State, 148 Ga.App. 513, 251 S.E.2d 598 (1978), the magistrate was not merely present on the scene while the warrant was being executed, he drove some of the officers there and conferred with them during the search. In Baggett v. State, 132 Ga.App. 266, 208 S.E.2d 23 (1974), a per se rule of disqualification was applied...

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4 practice notes
  • Lockett v. State, No. DP-64
    • United States
    • United States State Supreme Court of Mississippi
    • September 30, 1987
    ...the state submits that the mere presence of the judge at Lockett's home does not per se taint issuance of a warrant. See Rains v. State, 161 Ga.App. 361, 288 S.E.2d 626, 628 (1982); U.S. v. Duncan, 420 F.2d 328 (5th Cir.1970). Further, the State argues that Brown's activities after issuing ......
  • Johnson v. State, No. A98A1175.
    • United States
    • United States Court of Appeals (Georgia)
    • August 20, 1998
    ...744, 748(5), 305 S.E.2d 372 (1983), rev'd on other grounds, State v. Hightower, 252 Ga. 220, 312 S.E.2d 610 (1984); Rains v. State, 161 Ga.App. 361, 362(3), 288 S.E.2d 626 Judgment affirmed. SMITH, J., and HAROLD R. BANKE, Senior Appellate Judge, concur. ...
  • Perkins v. State, No. A89A1604
    • United States
    • United States Court of Appeals (Georgia)
    • January 9, 1990
    ...may be inapplicable under the facts in evidence. [Cits.]" Keller v. State, 245 Ga. 522(1), 265 S.E.2d 813 (1980). Accord Rains v. State, 161 Ga.App. 361(7), 288 S.E.2d 626 (1982). Moreover, although the trial judge read from the title of the code section referring to elements of the offense......
  • Moore v. State, No. 65416
    • United States
    • United States Court of Appeals (Georgia)
    • January 26, 1983
    ...admissible to show the circumstances of appellant's arrest. See State v. Luke, 232 Ga. 815, 816, 209 S.E.2d 165 (1974); Rains v. State, 161 Ga.App. 361, 362(4), 288 S.E.2d 626 2. Appellant moved for a mistrial in response to testimony by a police officer concerning his investigation of the ......
4 cases
  • Lockett v. State, No. DP-64
    • United States
    • United States State Supreme Court of Mississippi
    • September 30, 1987
    ...the state submits that the mere presence of the judge at Lockett's home does not per se taint issuance of a warrant. See Rains v. State, 161 Ga.App. 361, 288 S.E.2d 626, 628 (1982); U.S. v. Duncan, 420 F.2d 328 (5th Cir.1970). Further, the State argues that Brown's activities after issuing ......
  • Johnson v. State, No. A98A1175.
    • United States
    • United States Court of Appeals (Georgia)
    • August 20, 1998
    ...744, 748(5), 305 S.E.2d 372 (1983), rev'd on other grounds, State v. Hightower, 252 Ga. 220, 312 S.E.2d 610 (1984); Rains v. State, 161 Ga.App. 361, 362(3), 288 S.E.2d 626 Judgment affirmed. SMITH, J., and HAROLD R. BANKE, Senior Appellate Judge, concur. ...
  • Perkins v. State, No. A89A1604
    • United States
    • United States Court of Appeals (Georgia)
    • January 9, 1990
    ...may be inapplicable under the facts in evidence. [Cits.]" Keller v. State, 245 Ga. 522(1), 265 S.E.2d 813 (1980). Accord Rains v. State, 161 Ga.App. 361(7), 288 S.E.2d 626 (1982). Moreover, although the trial judge read from the title of the code section referring to elements of the offense......
  • Moore v. State, No. 65416
    • United States
    • United States Court of Appeals (Georgia)
    • January 26, 1983
    ...admissible to show the circumstances of appellant's arrest. See State v. Luke, 232 Ga. 815, 816, 209 S.E.2d 165 (1974); Rains v. State, 161 Ga.App. 361, 362(4), 288 S.E.2d 626 2. Appellant moved for a mistrial in response to testimony by a police officer concerning his investigation of the ......

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