Max Morris Lupuloff was charged with one count of financial transaction card theft under OCGA § 16-9-31 a 1 and one count of theft by taking under OCGA § 16-8-2. Lupuloff pled “not guilty” and filed a motion to suppress evidence seized from his person and automobile and a motion in limine to exclude statements he made to police at the time of his arrest. The trial court granted these motions, and the State appeals. On May 25, 2007, Dorothy Weill put her purse on the counter of the lobby desk at a Gwinnett County Marriott Hotel. Weill left the desk to go to her hotel room, but upon reaching the elevators realized that she had forgotten her purse. When she returned to the desk, the purse was gone. She reported the theft, and the hotel called the police. Officer James Fouchia of the Gwinnett County Police Department responded to the call. He reviewed surveillance footage showing that a man had removed the purse from the desk counter, and a hotel employee identified the man as Lupuloff. Lupuloff had left the hotel earlier with his wife, and Fouchia asked that the hotel staff contact him when Lupuloff returned. Fouchia then applied for and received arrest warrants for Lupuloff.
Several hours later, a hotel employee notified Fouchia that Lupuloff had returned. Lupuloff was walking in the hotel parking lot when Fouchia approached him. Fouchia asked for identification and Lupuloff presented a Texas driver’s license. Fouchia explained to Lupuloff that “maybe he could possibly help me out on an incident that occurred at the front lobby desk.” The officer informed Lupuloff that the front lobby was under video surveillance and “that I felt that he could help me remedy a . . . victim in this particular hotel of a missing item.” Lupuloff did not say anything, but went to his car, reached under the driver’s seat, handed the officer the purse and told him that there was nothing missing. Fouchia secured the purse, and as he walked back to the hotel with Lupuloff, placed him under arrest.
