In this interlocutory appeal regarding a felony murder resulting from a domestic dispute, Glenn Carl Lemon contends that the trial court erred by denying his motion to suppress certain evidence seized from his home during the execution of a search warrant.1 Specifically, Lemon argues that 1 the search warrant was not supported by probable cause and 2 the information contained in the search warrant was stale. For the reasons set forth below, we affirm. Viewing the evidence in the light most favorable to the trial court’s ruling, the record shows that, in the early morning hours of April 26, 2003, Lemon admittedly had an altercation with his girlfriend, Annette Wooten, regarding pornographic DVD’s he had been watching in their home. The confrontation escalated, and Lemon choked Wooten until she lost consciousness. Lemon then called 911 for emergency assistance, and Officer J. W. Thompson reported to the scene. Lemon told Officer Thompson that, prior to fighting with Wooten, he had been drinking beer and smoking marijuana. Lemon was subsequently arrested for aggravated assault and aggravated battery. Prior to leaving Lemon’s home, police secured the premises; however, at Lemon’s request, a key was left hidden in a planter so Lemon’s sister could gather some of his belongings and bring them to him at the jail. The record also makes it clear that a cousin of Wooten also had access to the home, and, shortly after Lemon’s arrest, the cousin changed the locks to increase the security of the home.
On April 28, 2003, two days after the altercation, Wooten died from her injuries. Officer Thompson immediately requested a search warrant for Lemon’s home, and, contemporaneously, another officer sought an arrest warrant against Lemon for the crime of felony murder.2 In Officer Thompson’s application for a search warrant, he explicitly stated the address of Lemon’s home, and he indicated that the “offense” occurred there two days earlier at 1:30 a.m. Officer Thompson then specified that he wished to search for the following items: “contraband drugs, marijuana, marijuana residue, cocaine powder, crack cocaine and assorted paraphernalia related to the ingestion of marijuana, cocaine and crack cocaine.” In addition, he also listed: “pornographic mediums, letters, computers, papers that indicate problems in the relationship between the two, movies, tapes, DVD’s of a pornographic nature.”
