Lawler v. State

The warrantless searches inside and outside of defendant's apartment were proper and reasonable since officers investigating a homicide may search the crime scene to see if other victims or the killer are still on the premises.

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Gregory Paul Lawler shot Atlanta police officers John Sowa and Patricia Cocciolone, killing Officer Sowa and severely wounding Officer Cocciolone. A jury found him guilty of malice murder, aggravated battery on a peace officer, and other crimes. The jury recommended a death sentence for the murder after finding the following aggravating circumstances: that the murder of Officer Sowa was committed while Lawler was engaged in the commission of an aggravated battery on Officer Cocciolone; and that the murder was committed against a peace officer while he was engaged in the performance of his official duties. OCGA § 17-10-30 b 2, 8. Lawler appeals. We affirm.1

1. The evidence adduced at trial showed the following: Lawler and his girlfriend, Donna Rodgers, were drinking at a bar near their Atlanta apartment at approximately 9:00 p.m. on Sunday, October 12, 1997. Ms. Rodgers was very intoxicated. They left the bar and began walking home when they had some type of altercation in the parking lot of a pawn shop. A person at a nearby gas station believed that Lawler was striking an intoxicated Ms. Rodgers with a bag. He drove to a police station and reported what he had seen. Officer Cocciolone and Officer Sowa went to the parking lot and observed Ms. Rodgers sitting on a curb with Lawler trying to pull her to her feet. Lawler left the scene and walked to the apartment when the police arrived. The officers did not pursue Lawler; since Ms. Rodgers was intoxicated and lived only a short distance away, they decided to help her get home. The placed her in a patrol car and drove to her and Lawler’s apartment, which was a two-story townhouse-style apartment with a ground floor door.

Lawler v. State

The warrantless searches inside and outside of defendant's apartment were proper and reasonable since officers investigating a homicide may search the crime scene to see if other victims or the killer are still on the premises.

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