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Mitchell v. State

Police violated the defendants' Fourth Amendment rights when intruding into their yard during a search for a criminal and the odor of marijuana they observed during that intrusion could not support a search warrant.

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Sheldon Mitchell and Rebba Christine Tiller were jointly tried in a bench trial on evidence stipulated to by the prosecution and the defense. Mitchell was found guilty of manufacturing marijuana in violation of OCGA § 16-13-30; possession of marijuana with intent to distribute in violation of OCGA § 16-13-30; and manufacturing marijuana and possessing marijuana with intent to distribute within 1000 feet of a public school in violation of OCGA § 16-13-32.4. Tiller was found guilty of possession of oxycodone in violation of OCGA § 16-13-30. All of the convictions were based on evidence of marijuana and oxycodone found by police during a search pursuant to a search warrant of the residence occupied by Mitchell and Tiller.

Mitchell and Tiller contend that the trial court erred by denying their motions to suppress evidence of the marijuana and oxycodone because it was found during a search conducted in violation of the Fourth Amendment. We agree. Because the search warrant was issued based on knowledge illegally obtained by police in violation of the Fourth Amendment, the subsequent search pursuant to the warrant was illegal, and the trial court erred by denying the motions to suppress. In the absence of the illegally obtained evidence, there was insufficient evidence to support the guilty verdicts. Accordingly, the convictions against Mitchell and Tiller must be reversed.

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