Ahmed v. State

744 S.E.2d 345, 322 Ga. App. 154, 2013 Fulton County D. Rep. 1908, 2013 WL 2477330, 2013 Ga. App. LEXIS 470
CourtCourt of Appeals of Georgia
DecidedJune 10, 2013
DocketA13A0043
StatusPublished

This text of 744 S.E.2d 345 (Ahmed v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahmed v. State, 744 S.E.2d 345, 322 Ga. App. 154, 2013 Fulton County D. Rep. 1908, 2013 WL 2477330, 2013 Ga. App. LEXIS 470 (Ga. Ct. App. 2013).

Opinion

ANDREWS, Presiding Judge.

Following a joint jury trial1 in Emanuel County, El Waleed Ahmed was convicted of possession of cocaine with intent to distribute (OCGA § 16-13-30 (b)) and possession of marijuana with intent to distribute (OCGA § 16-13-30 (j)). Ahmed appeals from the denial of his motion for new trial, challenging the denial of his motion to suppress, his motion for a directed verdict, and the sufficiency of the evidence. Discerning no error, we affirm.

Viewed in the light most favorable to the jury’s verdict, Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979), the evidence shows that in the early morning hours of July 29, 2010, Georgia Bureau of Investigation Special Agent Josh Alford of the East Central Georgia Drug Task Force received a request from the chief of the Swainsboro Police Department for assistance in the department’s investigation of an incident in which Ahmed had been shot at a local residence. After arriving at the residence, Alford interviewed a number of witnesses and learned that a second individual, later identified as co-defendant Vance, “may have fled the scene or left the scene of the shooting ... in a gray Malibu.”

[155]*155Alford requested assistance from Special Agent Jason McCoy in locating Vance. McCoy was aware that Ahmed and Vance usually traveled together because he had been involved in an earlier drug investigation of the two and had participated in a surveillance of their apartment. Given Alford’s request and preliminary briefing as to what had transpired, McCoy and Special Agents Josh Thompson and Keith Collins proceeded to the apartment complex where McCoy believed Ahmed and Vance lived. There McCoy saw the gray Malibu he believed to be the vehicle Vance drove, and he and the other agents waited. After 45 minutes elapsed, the agents saw a man, whom McCoy recognized to be Vance, leave the apartments and approach the Malibu. Upon nearly getting to the vehicle, Vance noticed McCoy’s vehicle backed into a wooded area between two apartment buildings; and, by peering around a tree, confirmed that McCoy’s vehicle was occupied and ran. The agents pursued Vance to the rear of the apartments where they encountered a 10 to 15-foot fence. Not seeing Vance and believing that he could not have scaled the fence, the agents went directly to the apartment they knew to be the apartment Vance shared with Ahmed which was located immediately opposite the fence and knocked on the door. A young girl answered, informed the agents that Vance had gone out to his car but gave the agents permission to enter to confirm that he was not present. As the agents conducted a quick sweep of the apartment for possible hiding places, they saw what appeared to be a white powdery residue on the kitchen counter and a clear plastic baggie. Also in plain view were digital scales and a razor blade. Field tested, the powdery residue tested positive for cocaine. Given this, the agents secured the apartment, and applied for and obtained a search warrant from a magistrate judge. In the search that followed, the agents found more cocaine packaged in clear plastic sandwich bags in and on a kitchen cabinet, in a kitchen drawer, and in the apartment’s locked storage room. The agents also found a small baggie of marijuana in a second kitchen drawer, as well as multiple baggies of marijuana in a plastic grocery sack in the apartment’s storage room. Ahmed, who had leased the apartment, had been issued keys to the apartment and the storage room. In total, 24.71 grams of cocaine and 48.4 grams of marijuana were seized. All was entered in evidence at trial.

1. Ahmed contends that the trial court erred in denying his motion to suppress the evidence of drugs seized in his apartment. He argues that the warrantless entry was illegal as not occasioned in hot pursuit of a suspect, thus fatally tainting the search warrant and the admissibility of the evidence seized as a result. We disagree.

[156]*156We apply a de novo review to the trial court’s application of the law to the facts,

if the facts are stipulated, or if the critical facts do not depend on the testimony of witnesses who are subject to cross-examination. However, a trial court’s ruling on a motion to suppress frequently involves a mixed question of fact and law. When the outcome of a motion to suppress depends on the credibility of the witnesses or on disputed facts, and the trial court has not committed an error of law, the court’s ruling will not be disturbed on appeal.

(Citation omitted.) Watson v. State, 302 Ga. App. 619, 621 (1) (691 SE2d 378) (2010). “In considering the legality of the search of appellant’s [apartment], this court can consider all relevant evidence of record, including that adduced at the suppression hearing as well as at trial.” (Citations omitted.) Jones v. State, 187 Ga. App. 421, 422-423 (370 SE2d 784) (1988).

[W]hile an officer must generally have a search warrant or consent to enter a home to make an arrest, [under the exigent circumstance exception to the warrant requirement,] an officer can enter a home to arrest a suspect when he or she has followed the suspect there in “hot pursuit.”

State v. Nichols, 225 Ga. App. 609, 610 (1) (a) (484 SE2d 507) (1997). “A suspect may not defeat an arrest which has been set in motion in a public place by escaping to a private place.” (Footnote omitted.) Anderson v. State, 265 Ga. App. 428, 433 (4) (594 SE2d 669) (2004). Essential to hot pursuit is that “the defendant [be] aware [that] he is being pursued by the police,” id., and that the officer in hot pursuit

reasonably fears the imminent destruction of evidence if entry into the residence is not immediately effected, and where an officer reasonably perceives that a suspect within the dwelling poses a risk of danger to the police or others. See Minnesota v. Olson, 495 U. S. 91, 100 (110 SC 1684, 109 LE2d 85) (1990); State v. Ealum, 283 Ga. App. 799, 802 (643 SE2d 262) (2007).

Love v. State, 290 Ga. App. 486, 488 (659 SE2d 835) (2008).

At the suppression hearing, the evidence showed that McCoy telephoned Alford and asked whether Vance should be detained after observing his behavior upon seeing them at the apartments. Alford [157]*157directed Vance’s detention explaining that further investigation at the crime scene indicated that Vance had either been involved as the shooter in what had been a home invasion or had taken the weapon which Ahmed had used therein because only the homeowner’s weapon had been recovered. Given this, McCoy and the officers gave pursuit then believing Vance to be a suspect in an ongoing investigation of a home invasion in possession of a weapon used therein. Here, flight as well as probable cause to arrest Vance as a suspect in the underlying home invasion investigation combined to justify his warrantless arrest. See State v. Bryant, 284 Ga. App.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Minnesota v. Olson
495 U.S. 91 (Supreme Court, 1990)
State v. Nichols
484 S.E.2d 507 (Court of Appeals of Georgia, 1997)
Barnes v. State
397 S.E.2d 70 (Court of Appeals of Georgia, 1990)
State v. Bryant
644 S.E.2d 871 (Court of Appeals of Georgia, 2007)
Jones v. State
370 S.E.2d 784 (Court of Appeals of Georgia, 1988)
Watson v. State
691 S.E.2d 378 (Court of Appeals of Georgia, 2010)
Anderson v. State
594 S.E.2d 669 (Court of Appeals of Georgia, 2004)
State v. Ealum
643 S.E.2d 262 (Court of Appeals of Georgia, 2007)
Green v. State
194 S.E.2d 678 (Court of Appeals of Georgia, 1972)
Love v. State
659 S.E.2d 835 (Court of Appeals of Georgia, 2008)
Ryan v. State
627 S.E.2d 128 (Court of Appeals of Georgia, 2006)
Thomas v. State
658 S.E.2d 796 (Court of Appeals of Georgia, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
744 S.E.2d 345, 322 Ga. App. 154, 2013 Fulton County D. Rep. 1908, 2013 WL 2477330, 2013 Ga. App. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahmed-v-state-gactapp-2013.