Bowden v. State

The officer's good faith belief that a housing unit director had the authority to consent to a search did not make the warrantless search and seizure lawful.

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Eric Christopher Bowden was convicted by a jury of possession of marijuana with intent to distribute. He argues that the trial court erred in overruling his motion to suppress, contending that the police unlawfully entered the residence where he and the contraband were located. Because we conclude that the police entry into the residence violated the Fourth Amendment to the United States Constitution, we reverse. When reviewing a trial court’s ruling on a motion to suppress, we view all evidence in the light most favorable to uphold the trial court’s findings and judgment. Gray v. State , 296 Ga. App. 878 676 SE2d 36 2009. So viewed, the record shows that a police officer from the City of Bainbridge Police Department was contacted by an investigator in another county who was attempting to locate a fugitive with outstanding arrest warrants. The investigator informed the officer that the fugitive may be found within a Bainbridge Housing Authority housing unit located within the City of Bainbridge. Based upon this information, the police officer and accompanying backup officers proceeded to the subject location in an attempt to locate and arrest the fugitive. Anticipating that he may be denied entry into the housing unit, the officer contacted the director of the Bainbridge Housing Authority and requested that the director meet him at that location.

After sending a second officer to the back of the unit, the officer knocked on the front door and observed two different males peering through the curtains numerous times before a woman with a young child finally answered. The officer informed the occupants of the housing unit that he was looking for the fugitive, and asked that they each step outside and show their identification. In addition to the woman and child, there were three men inside the house, including Bowden. The fugitive, however, was not located. Bowden informed the officer that the mother of his child was the tenant of the housing unit, but that she was at work.

Bowden v. State

The officer's good faith belief that a housing unit director had the authority to consent to a search did not make the warrantless search and seizure lawful.

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