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Wiggins v. State

With regard to crimes allegedly committed while in the performance of his duties as a police officer, the defendant had the right to be present with counsel during the presentation of the state's evidence to the grand jury and the right to make a statement at the close of the state's evidence without being subject to direct or cross-examination.

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The question for decision in this granted certiorari is whether a police officer, who was indicted and charged with false writings and statements, and the violation of his oath as a public officer, should have been afforded the rights of notice and the opportunity to appear before the grand jury pursuant to OCGA § § 45-11-4 and 17-7-52. The facts that give rise to this question are set forth at length in the opinion of the Court of Appeals.1 We summarize them as follows: Wiggins, a police officer, was dispatched to a hotel where six people, including the 16-year-old victim, were partying. When another officer discovered crystal methamphetamine, that officer arrested two of the partygoers. At that point, Wiggins vouched for the victim, saying that he knew the victim’s father and knew that her father would discipline the victim appropriately. The other officer told Wiggins to put the victim in his patrol car. Wiggins took the victim’s driver’s license and asked her to meet him at a convenience store, telling her that if she did not cooperate with him, he would tell her father and she would go to jail.

The victim met Wiggins at the convenience store and she got into his patrol car. Then Wiggins drove to a nearby park where he and the victim had sex. He subsequently falsified his daily activity sheet and lied to GBI investigators to cover up his crimes.

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