Park v. State
308 Ga. App. 648
| Ga. Ct. App. | 2011Background
- A misdirected package addressed to Park's Hall County residence contained 12.46 pounds of marijuana and was delivered during a controlled delivery to the residence.
- Wilson, Park's roommate, accepted the package; officers detained Wilson and observed four other adults inside the residence during entry.
- Officers performed a protective sweep, observing a marijuana grinder, stems, and baggies in Park's bedroom in plain view.
- Wilson and Park gave voluntary consents to search the common areas and Park's bedroom; officers later seized marijuana, scales, and related paraphernalia.
- Park arrived at the residence after the controlled delivery, was arrested, and consented to searches of his person and bedroom; a marijuana pipe with trace amounts was seized from Park.
- Park admitted patterns of drug use and involvement, including aiding Salinas's plan to deliver the marijuana, and communications with Salinas were recorded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suppression of evidence was proper | Park contends unlawful warrantless entry/search; taint from initial illegality remains. | State argues valid consent and attenuation purges any taint. | Consent supports admission; taint attenuated; suppression denied. |
| Sufficiency of Park's trafficking conviction | Park asserts no possession or control of the package; insufficient link to trafficking. | As a party to the crime, Park aided by accepting delivery and receiving proceeds; quantity exceeded 10 pounds. | Park is a party to trafficking; evidence supports conviction. |
Key Cases Cited
- Spence v. State, 281 Ga. 697 (Ga. 2007) (attestation of attenuation factors for consent searches)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (fruit-of-the-poisonous-tree doctrine and attenuation analysis)
- Herring v. State, 279 Ga. App. 162 (Ga. App. 2006) (review standard for suppression ruling)
- Pike v. State, 265 Ga. App. 575 (Ga. App. 2004) (consent to search may be given by person with sufficient relationship to premises)
- Silverio v. State, 306 Ga. App. 438 (Ga. App. 2010) (voluntary consent despite detention and multiple officers)
- Code v. State, 234 Ga. 90 (Ga. 1975) (consent admissibility and voluntariness standard)
- Nelson v. State, 271 Ga. App. 658 (Ga. App. 2005) (exigent circumstances and protective sweep considerations)
- Inglett v. State, 239 Ga. App. 524 (Ga. App. 1999) (protective sweep and officer safety rationale)
- Williams v. State, 199 Ga. App. 566 (Ga. App. 1991) (party liability and aiding/abetting principles)
- Dukes v. State, 186 Ga. App. 815 (Ga. App. 1988) (party-to-crime interpretation for trafficking)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (see above (attenuation and taint analysis))