337 Ga. App. 545
Ga. Ct. App.2016Background
- Early-morning shooting at Jones’ mobile home on May 23, 2004; officers responded and, after interviewing an injured but conscious Jones at the hospital, obtained his consent for an initial search of the residence.
- Officers observed baggies, scales, large propane cylinders, surveillance equipment, electronic items on shelving, and vehicles/ATV(s); an ATV with a removed VIN was later found to be stolen.
- On June 1, 2004 Detective Thompson obtained a warrant to search the home, outbuildings, and curtilage for evidence related to the shooting and methamphetamine distribution; the June 2 search recovered a small amount of marijuana and the shed/ATV.
- After an arrest warrant was issued for possession of stolen property and misdemeanor marijuana possession, officers arrested Jones June 11, 2004; during re-entry to secure the home officers smelled burnt marijuana and observed a glass pipe and propane torch.
- Detective Thompson obtained a separate June 11 warrant based on those observations; execution of that warrant produced methamphetamine.
- Jones moved to suppress evidence from both warrants, lost at the suppression hearing and at trial, and appealed; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Probable cause for June 1 warrant | Jones: affidavit lacked sufficient, reliable facts; relied on rumor/unverified informants and vague assertions | State: affidavit contained corroborated observations (baggies, scales, propane, surveillance, electronics) and ongoing shooting investigation — totality supports probable cause | Warrant upheld: magistrate had substantial basis under totality; marginal infirmities not fatal |
| 2. Fruit-of-the-tree challenge to June 11 evidence | Jones: June 11 search and arrest flowed from an unlawful June 1 search, so June 11 evidence must be excluded | State: June 1 warrant was valid, so later arrest/search not tainted | Rejected: because June 1 warrant valid, June 11 evidence admissible |
| 3. Failure to introduce certified June 11 warrant/affidavit at suppression hearing | Jones: State failed to tender certified warrant and affidavit at suppression hearing | State/Trial Court: warrant and affidavit were attached to Jones’ motion and referenced at the hearing; any defects were waived/abandoned | Rejected/waived: record shows the warrant and affidavit were in the record; Jones later abandoned the argument |
| 4. Lawfulness of officers’ entry at arrest (basis for June 11 probable cause) | Jones: officers had no right to enter when they arrested him, so they were not lawfully present to detect smell and see paraphernalia supporting the June 11 warrant | State: issue not raised at suppression hearing; police had arrest warrant and escorted Jones back inside to secure home | Not reviewed on merits: issue waived for failure to raise at suppression hearing |
Key Cases Cited
- State v. Palmer, 285 Ga. 75 (Ga. 2009) (substantial deference to magistrate’s probable-cause finding)
- Sullivan v. State, 284 Ga. 358 (Ga. 2008) (probable cause assessed by practical, common-sense totality-of-circumstances)
- Prince v. State, 295 Ga. 788 (Ga. 2014) (magistrate evaluates veracity and basis of hearsay in affidavit)
- Powers v. State, 261 Ga. App. 296 (Ga. Ct. App.) (totality test; corroborating facts can cure informant infirmities)
- Williams v. State, 329 Ga. App. 402 (Ga. Ct. App.) (corroboration and common indicia of drug activity can support probable cause)
- LeJeune v. State, 276 Ga. 179 (Ga. 2003) (magistrate must consider veracity and basis of knowledge of hearsay informants)