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Payton v. State

The evidence supported the trial court's conclusion that the homeowner had the authority to consent to the warrantless search of the defendant's bedroom, where officers found alprazolam, cocaine and marijuana.

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Jonathan Michael Payton was charged with possession of cocaine OCGA § 16-13-30 a, possession of alprazolam OCGA § 16-13-30 a, aggravated assault OCGA § 16-5-21, simple battery OCGA § 16-5-23, and possession of less than one ounce of marijuana OCGA § 16-13-30 j 1. Payton filed a motion to suppress the drugs seized from his bedroom in a warrantless search conducted by police officers pursuant to the homeowner’s consent. The trial court denied Payton’s motion, finding that Payton was a guest, not a tenant, in the homeowner’s house and that, as a result, the homeowner was authorized to consent to the search of Payton’s bedroom. This Court granted Payton’s application for interlocutory review, and on appeal, he contends that the homeowner did not have common authority over his bedroom because he was paying rent, and therefore, the police officers did not have valid consent to conduct the search. For the reasons set forth below, we affirm.

In considering an appeal from the 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. Additionally, we must defer to the trial court’s determination on the credibility of witnesses, and the trial court’s ruling on disputed facts must be accepted unless it is clearly erroneous.

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