Brown v. State

The evidence supported a finding that the defendant had constructive possession of a pipe containing cocaine residue that police found on the ground nearby after they tackled and arrested him.

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Kenneth Brown appeals from his conviction for possession of cocaine on the grounds that evidence of a pipe containing cocaine residue should have been suppressed and that the evidence was insufficient to support his conviction. Because he did not preserve for appellate review his suppression claim and because the evidence met the sufficiency standard set forth in Jackson v. Virginia , 443 U. S. 307 99 SC 2781 61 LE2d 560 1979, we affirm. Viewed in a light to uphold the verdict, see Weldon v. State , 279 Ga. 185 611 SE2d 36 2005, the evidence showed that shortly after midnight on October 10, 2007, law enforcement officers who were part of a “Safe Streets Task Force” saw Brown sitting on or leaning against a wooden fence in front of a house in Muscogee County. The officers shined a spotlight on Brown, and one of them approached to talk to him. Brown turned and began to run through the yard of the house, breaking several lawn ornaments as he went. Some of the officers yelled for Brown to stop. They chased Brown through the yard, tackled him to the ground, handcuffed him, and arrested him. When they lifted Brown up from the ground, an officer found a glass pipe, which appeared to be a crack pipe, lying on the ground nearby. The pipe was dry, although the surrounding area was wet from a recent rain. The pipe tested positive for traces of cocaine.

The state charged Brown with possession of cocaine, obstructing a law enforcement officer, criminal trespass, and loitering. Brown moved to suppress the evidence of the pipe containing cocaine residue, arguing that it was found during an illegal arrest. The trial court denied the motion and after a bench trial found Brown guilty of possession of cocaine but not guilty of the other charged offenses.

Brown v. State

The evidence supported a finding that the defendant had constructive possession of a pipe containing cocaine residue that police found on the ground nearby after they tackled and arrested him.

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