State v. Scott, Nos. 70540
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | BEASLEY; DEEN, P.J., and POPE |
| Citation | 339 S.E.2d 276,176 Ga.App. 887 |
| Docket Number | Nos. 70540,70541 |
| Decision Date | 29 October 1985 |
| Parties | The STATE v. SCOTT et al. SCOTT v. The STATE. |
Page 276
v.
SCOTT et al.
SCOTT
v.
The STATE.
Rehearing Denied Nov. 20, 1985.
Certiorari Denied Jan. 10, 1986.
Page 277
[176 Ga.App. 891] David E. Perry, Dist. Atty., Robert C. Wilmot, Asst. Dist. Atty., for appellant.
C. Paul Bowden, Ocilla, for appellees.
[176 Ga.App. 887] BEASLEY, Judge.
This appeal and cross-appeal are the result of the trial court's partial grant of defendants' motion to suppress evidence.
Law enforcement officials in Tift County were apprised that defendant Scott, a fugitive from North Carolina, was suspected to be in the county. GBI Agent Rakestraw received information from an undercover agent that Scott could be apprehended at Angelia Johnson's residence known as the "cabin in the pines." He was also informed that a black male known only as "Ricky" was at the residence and that a loaded .44 caliber rifle was kept by the front door of the house. An arrest warrant for Scott was obtained and also a search warrant for the premises of Angelia Johnson in order to search for Scott. The warrant also included a "no knock provision" permitting officers to enter without knocking. Having obtained the necessary warrants, Agent Rakestraw, the Sheriff of Tift County and several members of his department went to Angelia Johnson's residence at approximately 1:00 a.m. on September 16, 1984.
The officers did knock and announce their presence. When at first no one opened the door a deputy attempted to kick the door open but failed. Scott then opened the door and after threatening and cursing the officers was taken into custody and removed from the house. At the same time Angelia Johnson appeared in the front room dressed in short pajamas. She was permitted to obtain a housecoat and then was seated at the dining room table and watched by a deputy. There was no rifle by the front door and the remainder of the house was dark. Although no one responded to loud inquiries by the officers and Angelia denied anyone else was at home, Agent Rakestraw was concerned about the rifle and the expected presence of a third individual living in the house. Consequently, he and others [176 Ga.App. 888] walked through the house to secure it. In the course of that search, several partially burned marijuana cigarettes were seen in ashtrays on the bedside table in Angelia Johnson's bedroom and on the dresser in the other bedroom. Also seen standing between a bookcase and the wall was the .44 rifle, cocked. When the officer picked it up to disengage it, he saw that the identification (serial number) had
Page 278
been ground off. Based on what had been seen openly, Agent Rakestraw decided to expand the search and after informing Angelia Johnson the officers proceeded to thoroughly search the entire house. Closets, closed boxes and containers produced additional drugs. As the officers were about to leave, defendant Ricky Wilson, the absent occupant, arrived at the house and was promptly arrested.The defendants Scott, Wilson and Angelia Johnson (who withdrew as a party appellee) were charged with possession of the various drugs and the firearm. Their motion asked for the suppression of the seized items and asserted that defendants had automatic standing to challenge the validity of the searches because the seized items would be used against them at trial.
After a lengthy evidentiary hearing on the motion, the court entered an order which recited basically the above facts. In addition the court found that Angelia Johnson and defendant Wilson lived at the residence which was searched, but that defendant Scott, who while a fugitive had been staying at the residence off and on, had little or no control over the premises or who was invited to visit them.
The trial court concluded that defendants had automatic standing to contest the validity of the searches; that the seizure of the contraband which was in plain sight was proper; that no exigency existed which justified an expanded search of the house so that all items seized as a result of this second search should be suppressed.
In 70540 the state appeals and contends that because of the items found during the limited search for the purpose of securing the house the second general and extensive search was permissible. In 70541 the defendants appeal and argue that not only was the second search improper but the first search also violated their federal constitutional...
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State v. Jackson, No. A91A0847
...person with the property searched that gives rise to the protective device of suppression [under OCGA § 17-5-30]. See State v. Scott, 176 Ga.App. 887, 888(1) (339 SE2d 276) (1985)." Sanders v. State, 181 Ga.App. 117(1), 119, 351 S.E.2d 666. In the case sub judice, there is no evidence that ......
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State v. Schwartz, No. A03A0163.
...535(2), 501 S.E.2d 494 (1998). 14. See id. 15. (Punctuation omitted.) Welchel, supra at 558, 565 S.E.2d 870. 16. See State v. Scott, 176 Ga.App. 887, 889(2), 339 S.E.2d 276 (1985) (police may seize contraband in plain sight when properly executing an arrest 17. See Grant v. State, 220 Ga.Ap......
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State v. Brannan, No. A96A0974
...allowed officers to enter a house when they reasonably feared for the safety of a child inside. Similarly, in State v. Scott, 176 Ga.App. 887, 889(2), 339 S.E.2d 276 (1985), exigent circumstances allowed police arresting a suspect inside a home to make a cursory search of the house based on......
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Sanders v. State, No. 72335
...relationship of the person with the property searched that gives rise to the protective device of suppression. See State v. Scott, 176 Ga.App. 887, 888(1), 339 S.E.2d 276 We find no error in the trial court's ruling. 2. The second error alleged is the court's refusal to grant a mistrial aft......
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State v. Jackson, No. A91A0847
...person with the property searched that gives rise to the protective device of suppression [under OCGA § 17-5-30]. See State v. Scott, 176 Ga.App. 887, 888(1) (339 SE2d 276) (1985)." Sanders v. State, 181 Ga.App. 117(1), 119, 351 S.E.2d 666. In the case sub judice, there is no evidence that ......
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State v. Schwartz, No. A03A0163.
...535(2), 501 S.E.2d 494 (1998). 14. See id. 15. (Punctuation omitted.) Welchel, supra at 558, 565 S.E.2d 870. 16. See State v. Scott, 176 Ga.App. 887, 889(2), 339 S.E.2d 276 (1985) (police may seize contraband in plain sight when properly executing an arrest 17. See Grant v. State, 220 Ga.Ap......
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State v. Brannan, No. A96A0974
...allowed officers to enter a house when they reasonably feared for the safety of a child inside. Similarly, in State v. Scott, 176 Ga.App. 887, 889(2), 339 S.E.2d 276 (1985), exigent circumstances allowed police arresting a suspect inside a home to make a cursory search of the house based on......
-
Sanders v. State, No. 72335
...relationship of the person with the property searched that gives rise to the protective device of suppression. See State v. Scott, 176 Ga.App. 887, 888(1), 339 S.E.2d 276 We find no error in the trial court's ruling. 2. The second error alleged is the court's refusal to grant a mistrial aft......