Johnson v. State

A state trooper had authority to do to the door of the defendant's apartment in the court of his DUI investigation.

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Following a bench trial, Joshua James Johnson was convicted of driving under the influence of alcohol, per se OCGA § 40-6-391 a 5.1 On appeal from his DUI conviction, Johnson contends that the trial court erred in denying his motion to suppress because he was unlawfully seized by a police officer who ordered him to leave his home. For the reasons set forth below, we find that Johnson was not unlawfully seized and affirm. In considering an appeal from a denial of a motion to suppress, this Court construes the evidence in favor of the trial court’s ruling, and we review de novo the trial court’s application of the law to undisputed facts. Additionally, we must defer to the trial court’s determination on the credibility of witnesses, and the trial court’s ruling on disputed facts must be accepted unless it is clearly erroneous. Citation omitted. Coursey v. State , 295 Ga. App. 476 672 SE2d 456 2009.

So viewed, the evidence shows that on the evening of November 25, 2007, a Georgia State Patrol trooper was dispatched to the scene of a reported accident. The trooper located a car that had run off the road and struck a tree, but the driver was not at the scene. A man reported witnessing the driver walking away with blood on his right ear and on his chest. The trooper “ran the tag,” which showed that the wrecked car was registered to Johnson and that Johnson’s address was approximately half-a-mile from the crash site. The trooper drove to Johnson’s address but was unable to locate the exact apartment. In the course of the investigation he was flagged down by Johnson’s father, who advised the trooper that his son had been in an accident. Johnson subsequently called his father’s cellphone, and the trooper used the phone to speak with Johnson. The trooper learned that Johnson was home and informed him that he would be “down there to get you in just a minute.”

Johnson v. State

A state trooper had authority to do to the door of the defendant's apartment in the court of his DUI investigation.

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