Hubbard v. State
311 Ga. App. 671
| Ga. Ct. App. | 2011Background
- Hubbard was convicted after a bench trial of possession of cocaine and loitering.
- Dawes and Wallace observed Hubbard at 4:00 a.m. on apartment complex steps with liquor.
- Hubbard approached the women, blocking stairs and following them while intoxicated.
- Officers found Hubbard intoxicated and claiming to live at a different apartment; he was arrested.
- During a search incident to arrest, two bags of cocaine were found on Hubbard.
- Judgment affirmed; record supports probable cause for arrest and sufficiency of loitering evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest based on loitering | Hubbard argues no probable cause | State contends probable cause existed | Probable cause shown; suppression improper |
| Sufficiency of loitering evidence | Loitering elements not proven | Evidence shows loitering under statute | Sufficient evidence for rational trier of fact to convict |
Key Cases Cited
- Blair v. State, 216 Ga.App. 545 (1995) (requisite for loitering proof—long duration and suspicious behavior)
- McFarren v. State, 210 Ga.App. 889 (1993) (loitering sufficient where conduct and circumstances create alarm)
- Brown v. State, 307 Ga.App. 797 (2011) (probable cause standard for arrest; corroborating circumstances)