Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Venzen

Officers were authorized to enter a residence after the defendant opened the door holding lit marijuana cigarette.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The State charged Melvin V. Venzen by accusation with possessing less than one ounce of marijuana in violation of the Georgia Controlled Substances Act. Venzen filed a motion to suppress the marijuana seized by police, asserting that he “was approached, questioned, and unlawfully detained and arrested.” The trial court granted his motion, and the State appeals. Because the evidence was properly seized both as a result of exigent circumstances and as fruits of a search incident to Venzen’s arrest, we reverse. The police officers who arrested Venzen were the only witnesses at the hearing on the motion to suppress, and the trial court did not question their credibility or resolve any disputed issues of fact, but instead made its ruling on the basis of the application of law to undisputed facts. This controls our standard of review. While the trial court’s findings as to disputed facts in a ruling on a motion to suppress will be reviewed to determine whether the ruling was clearly erroneous, where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review. Citations omitted. Vansant v. State , 264 Ga. 319, 320 1 443 SE2d 474 1994. We therefore consider the evidence de novo.

On May 3, 2006, two officers from the Lowndes County Sheriff’s Department went to “4203 Hermes Place, apartment D-4,” to execute an arrest warrant for an individual named Delyno Theodore Brown. As the officers approached the unit’s door, they looked through a window six inches away from the door and saw a man, later identified as Venzen, seated on a couch rolling a marijuana cigarette. They also saw a bag of marijuana beside Venzen on the coffee table at the end of the couch.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Marketing Coordinator / Business Development

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements