Liles v. State
311 Ga. App. 355
Ga. Ct. App.2011Background
- Two co-defendants were convicted in Henry County Superior Court after a bench trial on stipulated facts for possession of marijuana and Alprazolam.
- Police received an anonymous tip about illegal narcotics activity in Room 178 of a Henry County hotel on December 4, 2009.
- A McDonough officer, smelling burnt marijuana, entered the room with a trainee after Liles allegedly admitted consent to enter.
- Inside, officers found marijuana in a roach, a small bag, scales, and, behind a ceiling tile, additional marijuana and Alprazolam pills.
- The defense argued the initial entry and subsequent search were unlawful; the trial court denied suppression, and the defendants appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the hotel room entry lawful without a warrant? | Liles consented to entry, making it lawful. | Entry was non-consensual or coerced, requiring a warrant. | Entry was consensual; no warrant required. |
| Was the subsequent search of the room voluntary consent? | Consent to search was voluntary, not coerced. | Consent was coerced or merely acquiescence to authority. | Consent to search was voluntary; suppression denied. |
Key Cases Cited
- Welchel v. State, 255 Ga.App. 556 (2002) (consent/entry of a private dwelling analysis; exigent circumstances not shown)
- Code v. State, 234 Ga. 90 (1975) (burden to prove voluntary consent; absence of coercion)
- Gray v. State, 296 Ga.App. 878 (2009) (consent credibility question for trial court)
- Silverio v. State, 306 Ga.App. 438 (2010) (voluntary consent; credibility and coercion considerations)
- Love v. State, 290 Ga.App. 486 (2008) (exigency considerations for entry/search)
- Maloy v. State, 293 Ga.App. 648 (2008) (credibility and factual resolution in suppression rulings)