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Walker v. State

The record indicated that defense counsel waived the defendant's presence at his motion to suppress hearing with his express authority and at his own request.

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Following a jury trial, John David Walker appeals his conviction for possession of cocaine in violation of OCGA § 16-13-30 a. He contends that the trial court erred in conducting a motion to suppress hearing in his absence and in admitting evidence of his custodial statement to police. We discern no error and affirm. Viewed in the light most favorable to the verdict,1 the trial evidence shows that after receiving numerous complaints about drug activity occurring at Walker’s residence, an Athens-Clarke County Police detective launched an investigation. After conducting surveillance at the residence, the detective sought and obtained a warrant authorizing the search of Walker’s person, premises, and residence. The detective and his fellow officers went to the residence to execute the search warrant. Upon their arrival, they encountered Walker and approximately 20 to 25 other people standing in the front yard. After securing the scene, the detective searched Walker, and retrieved a clear plastic bag containing a rock-like substance from his pocket. The substance was field tested and was positively identified as crack cocaine.

Walker was arrested. After being informed of the Miranda 2 warnings, Walker agreed to participate in a police interview. In his statement recorded by audiotape, Walker admitted that he had been using crack cocaine for approximately eight months. Walker also testified at trial and admitted to his drug use.

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