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Miller v. State

The officer did not conduct a warrantless search by taking a closer look at a cocaine-like substance in plain view on the kitchen counter in the defendant's apartment.

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After a bench trial, Carlos Ray Miller was convicted of trafficking in cocaine, possession of marijuana with intent to distribute, possession of a firearm by a convicted felon, and possession of cocaine. On appeal he argues that the trial court erred in denying his motion to suppress. For reasons that follow, we conclude there was no reversible error and affirm. “Where the evidence on a motion to suppress is uncontroverted and credibility is not an issue, we review the evidence and the application of the law thereto de novo, construing all evidence in favor of the trial court’s judgment.” Almond v. State , 242 Ga. App. 650 530 SE2d 750 2000. Viewed in this light, the evidence at the hearing on the motion to suppress was as follows.

An officer with the Marietta Police Department testified that he responded to a call that shots had been fired in an apartment complex. When he arrived at the apartments, a witness told him that a man with a gun chased Miller from the parking lot into his apartment. The witness stated that after the man followed Miller into the apartment, he heard what sounded like a gunshot. The officer went up to the apartment and saw a large bullet hole in the door. The door was unlocked, but he waited for backup to arrive before going into the apartment.

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