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Powell v. State

The officers' search for safety purposes of the bedroom in which they arrested the defendant did not exceed the scope of a search incident to arrest.

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We granted the application of Eric Demetrius Powell for interlocutory review after denial of his motion to suppress. In this appeal, we are called upon to consider the scope of the search allowed by OCGA § 17-5-1 a, authorizing a search incident to arrest. After review of the relevant law and the facts established at the hearing on Powell’s motion to suppress, we conclude that the arresting officers’ search of the bedroom in which Powell was arrested was reasonable under the circumstances presented here. We therefore affirm the trial court’s denial of the motion to suppress.

As a result of testimony that Powell and another man, Sims, had made terroristic threats while attempting to obtain firearms from a third man, an officer of the Moultrie Police Department obtained arrest warrants for both Powell and Sims. The officers entered premises where Powell and Sims were sharing a bedroom. When the police entered the bedroom, they found Powell, Sims, and an unidentified woman occupying the room. While Powell and Sims were cooperative and did not offer any resistance, other occupants of the house became “pretty irate, yelling and screaming.”

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