Mauge v. State

Investigators, who went to defendant's parent's home to arrest defendant's brother, were entitled to initiate a "first tier" encounter with defendant when they found defendant sleeping in a car parked in the driveway.

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Following a bench trial, the Superior Court of DeKalb County found Marlon Shawn Mauge guilty beyond a reasonable doubt of one count of possession of marijuana with intent to distribute and one count of possession of more than an ounce of marijuana, OCGA § 16-13-30 b, j. Mauge appeals, contending the trial court erred in denying his motion to suppress all evidence seized from him by law enforcement officers. We disagree and affirm. “When we review a trial court’s decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous and will not be disturbed if there is any evidence to support them.” Citation and punctuation omitted. State v. Mauerberger , 270 Ga. App. 794, 795 608 SE2d 234 2004. “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.

Viewed in a light most favorable to the trial court’s findings, the evidence adduced at the hearing on motion to suppress shows the following. On the evening of May 11, 2005, two investigators had an arrest warrant for Mauge’s brother Marc. The investigators spoke with the victim, who suggested that Marc might be found at his parent’s house. The investigators went to the address indicated by the victim, where they found a car parked in the driveway. The car was a rental vehicle, and the victim had told the investigators that Marc frequently rented cars. After the investigators entered the yard with the intent of knocking on the front door, they noticed that a man, who they later identified as Mauge, was asleep in the driver’s seat of the parked car.

Mauge v. State

Investigators, who went to defendant's parent's home to arrest defendant's brother, were entitled to initiate a "first tier" encounter with defendant when they found defendant sleeping in a car parked in the driveway.

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