Parker v. State
326 Ga. App. 175
Ga. Ct. App.2014Background
- In April 2010 Parker lived in apartment 2203 and owned a 9mm semi-automatic pistol; co-defendants Jabree Smith and Matthew Bourassa planned an armed robbery with Parker as the gunman.
- The victim was lured to the Waterford Club Apartments under a drug-sale pretext; Parker pointed a gun, ordered the victim down, and Bourassa searched the victim, taking property.
- Smith fled to Parker’s apartment (2203) and returned the gun to Parker, who hid it in his master-bedroom closet; the victim later called police.
- Bourassa and Smith were identified and arrested at apartment 2222; after waiving Miranda they implicated Parker and gave his physical description, apartment number, nickname, and girlfriend’s car.
- Officers surveilled 2203, observed Parker and the girlfriend in a white Dodge Avenger, detained Parker outside the apartment, used an on-file photo to make a photo lineup, and Bourassa and Smith separately identified Parker.
- Police obtained a search warrant for 2203, found a loaded pistol and matching clothing, arrested Parker, he waived Miranda at the station, and admitted being the gunman.
Issues
| Issue | Parker's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of co-defendants’ custodial statements at suppression hearing (hearsay) | Trial court erred by allowing officer to relate another officer’s interview; violated confrontation and hearsay rules | Hearsay is admissible to establish probable cause at suppression hearing; not used to prove guilt | Court upheld admission — hearsay may be considered for probable cause determinations |
| Photo identifications by co-defendants | Photo IDs were tainted by an illegal arrest/detention when Parker exited his apartment | Officers had reasonable suspicion to detain Parker; photo IDs occurred after lawful detention and identification procedures | Court held detention was a stop, not an arrest; photo IDs admissible |
| Probable cause for arrest; suppression of statements and search-seized evidence | Arrest lacked probable cause so subsequent statements and seized evidence must be suppressed | Bourassa’s and Smith’s identifications plus corroborating facts provided probable cause | Court found totality of circumstances supported probable cause; denial of suppression affirmed |
| Search warrant existence / State’s failure to introduce warrant and affidavit at hearing | Trial court erred because State did not introduce warrant or affidavit into evidence | Warrant and affidavit were in the record before the hearing; defendant had copies and opportunity to confront witnesses | Court found issue waived or, alternatively, record contained warrant and affidavit; suppression denial affirmed |
Key Cases Cited
- Walker v. State, 314 Ga. App. 67 (explains standard of review for suppression rulings)
- Banks v. State of Ga., 277 Ga. 543 (hearsay admissible to establish probable cause)
- Devega v. State, 286 Ga. 448 (probable cause standard for arrests)
- Alatise v. State, 291 Ga. 428 (co-defendant statements can provide probable cause when corroborated)
- Young v. State, 282 Ga. 735 (waiver rule for suppression issues not raised)
- McDaniel v. State, 263 Ga. App. 625 (weight/credit of hearsay at suppression hearing)
- Shivers v. State, 258 Ga. App. 253 (warrant support and suppression review)
- Tune v. State, 286 Ga. App. 32 (temporary detention vs. arrest factors)
- Armour v. State, 315 Ga. App. 745 (probable cause requires a probability under totality of circumstances)