X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Amy Herring appeals from the judgment entered after she was found guilty at a bench trial of possession of cocaine. Herring claims the trial court erred in denying her motion to suppress because the officers used trickery to enter the residence. After reviewing the record, we conclude there was no reversible error, and affirm. In ruling on a motion to suppress, the trial court sits as the trier of fact, and the court’s findings are analogous to a jury verdict and will not be disturbed when the record contains any evidence to support those findings. When reviewing a trial court’s ruling on a motion to suppress, the evidence must be construed most favorably toward the court’s findings unless those findings are clearly erroneous. Further, in reviewing the denial of a motion to suppress, we consider all the evidence of record, including evidence introduced at trial. McCray v. State , 268 Ga. App. 84 601 SE2d 452 2004 citations and punctuation omitted. Here, the evidence at the hearing and at trial was that officers received an anonymous tip that Burt Craven was having “dope parties” at his house. As two officers were driving by Craven’s house one night, they saw a number of cars outside. The officers decided to conduct a “knock and talk” operation. One officer went to the back of the house and the other officer approached from the front. This officer knew Craven, and testified that he was the nervous type who would not come to the door if he saw police officers on his doorstep. The officer also stated that he never stood directly in front of the door for safety reasons. Therefore, instead of walking up to the door and knocking, the officer stood at the bottom of the steps, took a plastic cup, and threw it at the door.

After the officer threw the cup, a man opened the door, looked out, and started walking down the steps. When he saw the officer, who was dressed in a green vest with the word “Sheriff” in yellow letters across the front and back, he shouted and started “back-peddling” up the stairs. The officer followed behind him and looked in the door, which had been left open. The officer saw a smoked-glass table with a line of white powdery residue and a rolled-up dollar bill. The officer stated that Herring, who had been seated on the sofa, got up and started walking toward the back of the house when she saw him at the door. Upon seeing this evidence of drug use, and concerned that Herring was leaving the room to destroy evidence, the officer entered the house.

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
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
September 06, 2024
Johannesburg

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


Learn More
September 12, 2024
New York, NY

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


Learn More

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


Apply Now ›

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


Apply Now ›

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


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›