Gray v. State

The circumstances of the case were sufficiently dangerous to justify the officers in handcuffing the defendant as part of his investigatory detention, since fresh footprints led from the burglary and assault victim's home directly to defendant's home.

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Following a bench trial, 16-year-old Andre Lamont Gray was convicted of armed robbery, burglary, aggravated assault, and possession of a firearm during the commission of a felony. Gray argues that the trial court erred in denying his motion to suppress because the evidence supporting his conviction was the product of an unlawful search and arrest. For the following reasons, we affirm. When reviewing a trial court’s ruling on a motion to suppress, we view the evidence in the light most favorable to uphold the findings and judgment of the trial court. Megesi v. State , 277 Ga. App. 855, 856 627 SE2d 814 2006. We will not disturb the trial court’s findings on disputed facts and credibility issues if there is any evidence to support them. Id. at 857.

So viewed, the evidence shows that on August 1, 2006, police officers responded to a report of an armed robbery at the victim’s home at approximately 3:45 a.m. The victim explained that the perpetrator entered his home in the early morning hours, awakened him by hitting him several times with a handgun, and robbed him at gun point. When the victim’s sister heard the victim screaming and crying, she went into his room to see what was happening. The perpetrator then assaulted the victim’s sister and demanded more money. The perpetrator taped together the arms of the victim and his sister before fleeing out of the back window with approximately $250 in cash and the victim’s cell phone. The victim gave the officers a description of the perpetrator, including the clothing that he was wearing at the time of the crime.

Gray v. State

The circumstances of the case were sufficiently dangerous to justify the officers in handcuffing the defendant as part of his investigatory detention, since fresh footprints led from the burglary and assault victim's home directly to defendant's home.

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