Marlow v. State
288 Ga. 769
Ga.2011Background
- Police went to Patricia Rabold's home on an anonymous tip that Marlow, with two pending arrest warrants, would be there.
- Upon arrival, an unidentified male looked out an upstairs window and then retreated inside; Marlow remained in the home and did not answer the door.
- A suspect vehicle was parked in the driveway; it had been stolen from its owner’s home and was locked with an active alarm.
- Police believed stolen keys would be inside Rabold's home and sought a search warrant to enter for the keys and to arrest Marlow if present.
- Upon entry, Rabold's body was found; Marlow was later found hiding in the attic and admitted to killing Rabold, stealing the car, and burglarizing the car owner’s home; subsequent warrants located stolen property in Rabold's home.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the Rabold home search | Marlow contends no nexus between car and home; warrant lack probable cause. | State argues sufficient nexus and probable cause to search for the keys. | Probable cause found; warrant valid. |
| Sufficiency of the evidence to support conviction | Evidence links Marlow to murder, theft, and burglary beyond reasonable doubt. | Challenge to suppression and connection of evidence to crimes. | Evidence sufficient for conviction under Jackson v. Virginia. |
Key Cases Cited
- Jackson v. State, 443 U.S. 307 (1983) (sufficiency of evidence review under Jackson v. Virginia)
- Williams v. State, 251 Ga. 749 (1983) (deference to magistrate's probable cause finding)
- Murphy v. State, 238 Ga. 725 (1977) (reasonable inference standard for probable cause)
- McClain v. State, 267 Ga. 378 (1996) (probable cause supported by inferences from evidence)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality of the circumstances approach to probable cause)