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Jones v. State

An affidavit submitted in support of a search warrant was legally sufficient to support a finding of probable cause to issue the warrant, and trial court properly denied the defendant's motion to suppress evidence police seized from his home during the execution of that warrant.

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Landry Brian Jones was convicted by a jury of possession of methamphetamine with intent to distribute, theft by receiving stolen property, and possession of a motor vehicle with identification number removed. Jones filed a motion and amended motions for new trial, which the trial court denied following a hearing. Jones appeals, arguing in related enumerations of error that the trial court erred by denying his motion to suppress evidence seized from his home during the execution of several search warrants. As more fully set forth below, we now affirm.

The evidence relevant to the searches is essentially undisputed. On May 23, 2004, at about 4:30 a.m., Jones was shot at his mobile home residence located at 154 Hightower Trail in Cherokee County.1 Law enforcement personnel with the Cherokee County Sheriff’s Department responded to the 911 call reporting the shooting, and Detective Steven Thompson, who at that time was employed in the sheriff’s department’s Violent Crime Unit, met Jones at the hospital while other officers proceeded to his residence. Thompson spoke with Jones, who had been shot in the left arm but was conscious when the detective arrived at the hospital, and received Jones’ consent to search his home for evidence related to the shooting.

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