State v. Hamby
317 Ga. App. 480
Ga. Ct. App.2012Background
- Roswell police encountered Hamby near Studio 6 around midnight; Hamby gave a false name and birth date after initial check showed no warrant.
- Orrick and two officers went to Hamby’s hotel room where Smith appeared shirtless; Hamby indicated her husband was inside.
- Orrick observed indicators suggesting Smith might be under the influence and requested Hamby’s purse; Smith retrieved it and manipulated items on the table.
- Orrick asked to search a red luggage piece and Hamby granted access; officers then observed three zipper bags, then a sandwich bag of marijuana on the floor and more marijuana in bags on the table.
- Orrick found a bag with prescription bottles, a false-bottom STP can, and three cocaine packages; the trial court suppressed the evidence as unlawful search/entry, which the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of entry into the hotel room without consent or exigent circumstances | Hamby/Smith contend entry was unlawful | State argues initial encounters were lawful and later consent validates search | Unlawful entry; suppression affirmed |
| Voluntariness of Smith’s consent to search the bag on the bed | Consent was not voluntary given three officers inside and coercive setting | Consent was voluntary under totality of circumstances | Consent not shown to be voluntary; suppression affirmed |
| Validity of the bag-search sequence given prior unlawful entry | Abandoned/visible items could not be seized via subsequent search | Search justified by consent after entry | Search fruits and related seizures suppressed; suppression affirmed |
Key Cases Cited
- Page v. State, 296 Ga. App. 431 (Ga. App. 2009) (oral pronouncements not binding; written judgment controls)
- Self v. State, 245 Ga. App. 270 (Ga. App. 2000) (voluntariness of consent governs admissibility)
- Snider v. State, 292 Ga. App. 180 (Ga. App. 2008) (requirements of voluntary consent under totality of circumstances)
- Ware v. State, 309 Ga. App. 426 (Ga. App. 2011) (recognizes limits on police entry and consent validity)
- State v. Jourdan, 264 Ga. App. 118 (Ga. App. 2003) (reaffirms analysis of entry/consent issues in search cases)