State v. Lopez-Chavez

The trial court properly suppressed evidence police seized during the execution of a no-knock search warrant, since the particular facts and circumstances set out in the warrant did not disclose any exigent circumstances authorizing an unannounced entry into the residence.

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Pursuant to OCGA § 5-7-1 a 4, the State appeals the grant of Alexandra E. Lopez-Chavez’s motion to suppress evidence of contraband seized during the execution of a “no-knock” search warrant at her home.1 Because the trial court properly concluded that the no-knock provision was unsupported by particular facts and circumstances set out in the warrant and the record does not disclose any exigent circumstances authorizing an unannounced entry into the premises, we affirm.

The record shows that on May 22, 2013, Investigator Marquis Hagans with the Columbia County Sheriff’s Office applied for and obtained a warrant to search a residence and curtilage located at 484 White Road in Columbia County, Georgia, for the purpose of locating marijuana, drug paraphernalia, financial records, electronic devices and other evidence that might support a marijuana distribution operation. The affidavit presented to the magistrate court recited that in 2006, a sheriff’s department investigator received information that people were selling guns and marijuana from 484 White Road, and in 2009, another investigator received information that Julian Lopez Chavez was transporting marijuana from Texas to the White Road address. Four years later, on May 21, 2013, a trash pull was conducted from 484 White Road, and a pill bottle was found. During surveillance the next day, a gray van was observed arriving at the residence, a large box was loaded into the van, and the van left. A short time later, a red Cadillac arrived at 484 White Road, and the driver, later identified as Jeffery Martin, retrieved an item from the passenger side of the vehicle, walked to the right side of the residence, and returned with a white plastic bag. The vehicle was stopped for a seatbelt violation, and a search was conducted after a strong odor of marijuana was detected emitting from the vehicle. The search of the vehicle yielded approximately one pound of marijuana.

State v. Lopez-Chavez

The trial court properly suppressed evidence police seized during the execution of a no-knock search warrant, since the particular facts and circumstances set out in the warrant did not disclose any exigent circumstances authorizing an unannounced entry into the residence.

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