Jones v. State, 314 Ga. App. 247

Walton County drug enforcement received neighbor complaints about drug sales at 4514 Yorktown Drive.
Police could not obtain a search warrant based on probable cause and conducted surveillance instead.
Brown, a resident of the house, had an outstanding arrest warrant for failing to appear in magistrate court.
On Aug. 12, 2010, police entered the home to locate Brown, limited to areas where she might be found.
Jones was found in a bedroom; after failing to show his hands, he was detained and a patdown revealed a baggie and a meth pipe, leading to seizure of methamphetamine residue; Brown arrived later and corroborated residence.
Jones moved to suppress the evidence; the trial court denied, and the bench trial resulted in a conviction for felony possession of methamphetamine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether entry into the dwelling was lawful	Jones	Jones	Entry lawful under valid Brown arrest warrant and limited search
Whether the detention and patdown were reasonable	Jones	Jones	Reasonable under Terry for officer safety given circumstances
Whether the plain feel seizure was lawful	Jones	Jones	Plain feel valid; seizure lawful

Payton v. New York, 445 U.S. 573 (1980) (arrest warrant carries limited authority to enter residence)
Brannan v. State, 275 Ga. 70 (2002) (arrest warrant entry limits for residence)
Jones v. United States, 357 U.S. 493 (1958) (distinguishes valid warrant entry from pretextual entry)
Wall v. State, 291 Ga.App. 278 (2008) (authority to enter for arrest purpose and limits of search)
Maryland v. Buie, 494 U.S. 325 (1990) (allowing search of areas where a person might be found)
Steagald v. United States, 451 U.S. 204 (1981) (restriction on third-party home entry for arrest warrant absent consent or exigent circumstances)
Whren v. United States, 517 U.S. 806 (1996) (reasonableness based on objective criteria, not motive)
Holmes v. State, 267 Ga.App. 651 (2004) (plain feel doctrine recognized in Georgia)