348 Ga. App. 609
Ga. Ct. App.2019Background
- On April 14, 2015, sheriff investigators acting on an informant tip went to Clifton Tyson’s mobile home for a knock-and-talk alleging Tyson and Dennis Thompson were manufacturing methamphetamine.
- At the door the lead investigator smelled a strong chemical odor and observed a haze consistent with a meth lab; Tyson and Thompson exited and the investigator asked Tyson for consent to search.
- Tyson allegedly consented; investigators called the fire department and, with firefighters and protective gear, searched the home and observed items in plain view consistent with meth manufacture (bottles with tubing, accelerant, ammonium nitrate, anhydrous ammonia packets, funnels, etc.).
- Tyson and Thompson were arrested and jointly indicted for possession of substances with intent to use them to manufacture a controlled substance (methamphetamine).
- Tyson moved to suppress the search evidence asserting no consent; Thompson joined. The trial court denied suppression after a hearing. At trial, the jury convicted both; Thompson appealed arguing the search was unlawful and the evidence was insufficient to support conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of search / consent to search | State: lead investigator obtained valid, voluntary consent from Tyson; credibility resolution favors State | Thompson: Tyson did not consent; an investigator who left could not hear consent; search was unlawful | Trial court’s credibility findings accepted; consent found valid and denial of suppression affirmed |
| Sufficiency of evidence to convict for possession with intent to manufacture | State: informant tip, Thompson present inside haze-filled home, contraband in plain view supports constructive possession/party liability | Thompson: presence only; no proof he possessed or aided/abetted possession of the substances | Viewing evidence in favor of jury, a rational juror could find Thompson a party to constructive possession; conviction affirmed |
Key Cases Cited
- Hartzler v. State, 332 Ga. App. 674 (2015) (example of viewing evidence in light most favorable to verdict)
- Kentucky v. King, 563 U.S. 452 (2011) (knock-and-talk does not constitute a search)
- Florida v. Jardines, 569 U.S. 1 (2013) (limitations on police approach to a home under Fourth Amendment)
- Ware v. State, 309 Ga. App. 426 (2011) (valid consent to search eliminates need for warrant)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- Johnson v. State, 335 Ga. App. 796 (2016) (constructive possession requires power and intent to exercise dominion)
- Lebis v. State, 302 Ga. 750 (2017) (appellate deference to jury on factual questions)
- Nelson v. State, 305 Ga. App. 425 (2010) (plain-view contraband and co-defendant’s presence can support party liability)
- Womble v. State, 290 Ga. App. 768 (2008) (odor and permeation of home by meth process can support conviction)