The Paulding County Sheriffs 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 Campbells’ residence, the officers were confronted with numerous vehicles surrounding the house and numerous people milling about, many of whom fled upon discovering
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 contiguous 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. Appellants appeal their conviction.
1. Appellants enumerate as error the trial court’s denial of their motion to suppress the contraband found in their vehicle.
The state contends that the search of appellants’ van was encompassed within the scope of the warrant to search the premises of Campbell’s residence. The state cites Bellamy v. State,
Appellants first contend that Bellamy is not controlling in the present case because in Bellamy the truck was clearly in the driveway of the premises to be searched while in this case the van was merely located in a driveway leading to a vacant lot contiguous to the premises authorized to be searched. The question thus becomes whether the location of appellants’ van was within the curtilage of the Campbell residence, or, in other words, whether, under the circumstances, “[c]ommon prudence dictates that the vehicle has so identified itself with the premises and its curtilage as to make it subject to search as a part of the curtilage and premises.” Bellamy v. State,
The evidence does not clearly show whether the driveway was within the Campbells’ property lines. The evidence does show that the driveway was within “real close” proximity of the Campbell residence, and that the Campbells used the driveway as their own. Furthermore, the driveway appeared to have been “well used,” and there was no other house in the area which it could serve other than the residence named in the warrant. Under these facts, we hold that
2. Appellants enumerate as error the trial court’s denial of their motion for mistrial. Appellants contend that an improper and prejudicial comment was made by counsel for the state in his opening statement when he said that the officers were searching the vehicles “because the judge had told them it was o.k.”
“In opening a criminal case to a jury preliminary to introduction of evidence, counsel may state what he expects to prove, and no error is committed where it does not appear that the remarks of counsel are otherwise than in good faith.” Jordan v. State,
3. In their final enumeration of error, appellants assert that the court erred in limiting their cross-examination of a police officer. Appellants were not allowed to cross-examine the officer concerning a large sum of money allegedly missing since the search and the circumstances surrounding the issuance of the search warrant. Code
The trial judge in the instant case did not err in limiting the scope of cross-examination of the officer. The whereabouts of the alleged missing money is not relevant or material to the issue of appellants’ guilt of possession of illegal substances. There was also no abuse of discretion by the trial judge in refusing to allow cross-examination of a state’s witness concerning the source of information on which the warrant was issued. Even though it is not error per se to permit evidence relative to the motion to suppress in the presence of the jury, State v. Peabody,
Judgment affirmed.