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Jackson v. State

The trial court properly denied the defendant's motion to suppress evidence an officer obtained through a warrantless penile swap while investigating a possible rape, since the officer had probable cause to believe that the defendant assaulted a woman and exigent circumstances permitted the warrantless swab.

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Johnifer Jackson was indicted for rape, aggravated sodomy, and making a false statement. Jackson subsequently filed a motion to suppress evidence. He also filed a plea in bar, asserting that his prior guilty plea to several misdemeanor offenses precluded this prosecution. The trial court denied both motions, and Jackson appeals. Finding no error, we affirm.

1. In considering an appeal from a denial of a motion to suppress, this Court construes the evidence in favor of the trial court’s ruling, and we review de novo the trial court’s application of the law to undisputed facts.1 So viewed, the record shows that around 11:30 a.m. on December 13, 2012, Officer Eric Higginbotham of the Athens-Clarke County Police Department was dispatched to the Oak Hill Apartment Complex to respond to a 911 call. The 911 caller reported that a rape had possibly occurred in an apartment in Building Eight and that the suspect, who was last seen near the building, was wearing a puffy gray jacket, a gray skull cap, and blue jeans. The caller also described the suspect’s race.

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