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Corey v. State

The officer's entry into the defendant's garage was unlawful since the information the officer received, that the defendant was driving erratically, did not constitute sufficient probable cause for the offense of driving under the influence and the garage was entitled to Fourth Amendment protection.

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Charlette Zeigler Corey was charged with driving under the influence, failure to maintain lane, lack of proof of insurance, and driving with a suspended registration. She moved to suppress the evidence regarding driving under the influence on the ground that it was obtained illegally. The trial court denied the motion but granted a certificate of immediate review. This Court granted Corey’s application for interlocutory appeal. We reverse.

The State has the burden of proving that a search or seizure was lawful. OCGA § 17-5-30. The arresting officer, Pieter-Michiel Geuze of the Cobb County Police Department, was the only witness at the hearing on the motion to suppress. Thus, the evidence was undisputed, and Corey does not dispute the officer’s credibility. “When evidence is uncontroverted and no question of witness credibility is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review.” Punctuation and footnote omitted. Hammont v. State, 309 Ga. App. 395, 396 710 SE2d 598 2011. Finally, the trial court denied Corey’s motion to suppress without explanation and therefore there are no findings of fact. We will construe the facts in favor of the trial court’s decision. Tate v. State, 264 Ga. 53, 54 1 440 SE2d 646 1994.

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