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Mercer v. State

The state could not justify defendants' detention and search of their persons during the execution of a residential search warrant because defendants were not named in the warrant, they were outside when officers arrived and they did not make any threatening gestures or appear to be armed and dangerous.

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Sheila Mercer and Joseph Q. Champion appeal their convictions for possession of illegal drugs by ingestion. They moved to suppress drug test results acquired as a result of statements Mercer made while being detained during the execution of a search warrant in which she was not a named party and following Champion’s detention and search. The trial court denied appellants’ motion to suppress, accepted their stipulations of evidence, found them guilty, and sentenced them to probation, fines and community service. On appeal they assert that the trial court erred in denying their motion to suppress the drug tests, and that without these illegally obtained tests insufficient evidence supports the guilty verdicts. Because Mercer and Champion were illegally detained and handcuffed, we reverse the convictions.

1. “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 review.” Citation omitted. State v. Mallard, 246 Ga. App. 357 541 SE2d 46 2000. The evidence presented at the motion to suppress hearing revealed that on February 25, 2000, eleven deputies from the Bartow County Sheriff’s Department executed a search warrant at the residence of Rosa Lee Vernon, expecting to find 25 to 30 people at a party there. The warrant authorized the search of the premises, curtilage, Vernon, and all persons present for illegal drugs, items related to drug trade, and firearms.

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