LANDERS et al. v. THE STATE
39503
Supreme Court of Georgia
DECIDED APRIL 5, 1983
250 Ga. 808 | 301 S.E.2d 633
Testimony of Hampton‘s relatives indicated that Hampton had been out of work and had money problems.
Viewing this evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
Judgment affirmed. All the Justices concur.
DECIDED APRIL 5, 1983.
Eugene S. Taylor, for appellant.
Stephen A. Williams, District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Assistant Attorney General, for appellee.
39503. LANDERS et al. v. THE STATE.
SMITH, Justice.
We granted certiorari in order to review the Court of Appeals’ decision in Landers v. State, 164 Ga. App. 657 (297 SE2d 748) (1982). The facts are as follows: The Paulding County Sheriff‘s Department executed a search warrant on the home of Eddie Campbell. According to the testimony of Detective T. W. Moore, who instigated the search, the warrant authorized a search of “[A] brick dwelling with tin shingles on the roof located on Cochran Ridge Road between Fleetwood and a dirt road of Hiram, Georgia.” The warrant said nothing about any other structures, people, or vehicles on the premises, although Detective Moore testified that the judge who issued the warrant “told me I could search anything on that property.”
Upon arrival at the Campbell residence, the officers were confronted with numerous vehicles both on the Campbell property and on property adjacent thereto. There were numerous people milling about the Campbell house and yard. Many of them fled upon discovering the presence of the officers. A search was made of the
No contraband was found on the person of either appellant. However, a search of appellants’ van, located on the driveway leading to a vacant lot adjacent to the Campbell property, revealed bags of marijuana and some pills. Appellants were arrested and convicted on three counts of violation of the Georgia Controlled Substances Act.
John and Jeannie Landers appeal, arguing that the evidence seized from their van should have been suppressed by the trial judge. We agree and reverse their conviction, which was based solely on the tainted evidence.
The Court of Appeals, relying on Bellamy v. State, 134 Ga. App. 340 (214 SE2d 383) (1975), concluded that “common sense dictates that the appellants’ van could readily be identified with the Campbell residence and its curtilage so as to make it subject to a search under the warrant.” 164 Ga. App. at 659. We do not agree.
General warrants, which do not sufficiently specify the place or person to be searched, are forbidden by our Constitution.
We think the Bellamy court was correct in its conclusion that a driveway is properly considered within the curtilage of the dwelling it services, at least where the driveway is located on the dwelling owner‘s property. But “curtilage” does not include neighboring or nearby property which is beyond the property lines of the dwelling specified in the warrant. The Landers’ van was parked in the driveway of a vacant lot adjoining the Campbell residence.1 Under
Judgment reversed. All the Justices concur, except Gregory, J., who concurs specially, and Marshall, P. J., who dissents.
DECIDED APRIL 5, 1983.
William G. Posey, for appellants.
William A. Foster III, District Attorney, for appellee.
GREGORY, Justice, concurring specially.
While I agree with the result reached by the majority in this case, I believe that the validity of a search ought not to depend entirely upon property lines. While it was not shown in this case, there could be circumstances where a driveway was located on adjoining property, but used by the residents in question, thereby becoming part of the curtilage for purposes of the Fourth Amendment.
MARSHALL, Presiding Justice, dissenting.
Under the authority of Bellamy v. State, 134 Ga. App. 340 (214 SE2d 383) (1975), a police officer executing a warrant to search a certain specified residence is authorized to search vehicles located within the curtilage of the residence. “Curtilage” is defined as the ground used with the residence. See Black‘s Law Dictionary, p. 460 (4th Ed., 1968). The evidence here shows that, when the search warrant was executed, the Landers’ van was parked on a driveway used by Campbell and his guests, but leading to the adjacent lot and located within the boundary line of the adjacent lot owner. The apparent reason for use of the driveway by Campbell and his guests was that the house on the adjacent lot had been demolished by fire and, therefore, was vacant. Under these circumstances, it seems to me that the Landers’ van was within the Campbell curtilage.
Furthermore, under the facts appearing at the time of the search, the officer executing the warrant, fully versed in the principles of Fourth Amendment jurisprudence, could have reasonably concluded that the search of the van was legal. Under these circumstances, the reason for the exclusionary rule ceases to exist, because suppression of the evidence can have no deterrent effect either on the police or on the magistrates issuing search warrants. See United States v. Williams, 622 F2d 830 (5th Cir. 1980); New York v. Adams, 422 NE2d 537 (N. Y., 1981).
I respectfully dissent.