Jupiter v. State

707 S.E.2d 592, 308 Ga. App. 386, 2011 Fulton County D. Rep. 702, 2011 Ga. App. LEXIS 192
CourtCourt of Appeals of Georgia
DecidedMarch 11, 2011
DocketA10A2277
StatusPublished
Cited by8 cases

This text of 707 S.E.2d 592 (Jupiter 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
Jupiter v. State, 707 S.E.2d 592, 308 Ga. App. 386, 2011 Fulton County D. Rep. 702, 2011 Ga. App. LEXIS 192 (Ga. Ct. App. 2011).

Opinion

707 S.E.2d 592 (2011)

JUPITER
v.
STATE.

No. A10A2277.

Court of Appeals of Georgia.

March 11, 2011.

*594 David Joseph Walker, Decatur, for Appellant.

Tracy Graham Lawson and Billy J. Dixon, for Appellee.

DILLARD, Judge.

Geoffrey Mario Jupiter was tried by a jury and found guilty of armed robbery, aggravated assault, and possession of a weapon during the commission of a crime. He now appeals these convictions, contending that the trial court erred in denying his motions to suppress evidence and for a directed verdict and in overruling an objection to commentary made by the State during its closing argument. Finding no error, we affirm Jupiter's convictions.

On appeal from a criminal conviction, the evidence is viewed in the light most favorable to the verdict, and Jupiter no longer enjoys a presumption of innocence.[1] So viewed, the record shows that Jupiter and his two cohorts, Ricky Timmons, Jr. and Bridgette Marvette Hines,[2] started 2009 with no pretense of good intentions, deciding to rob a grocery store on New Year's Day. The evening began with Hines, Jupiter, and Hines's 12-year-old son picking up Timmons to go commit the robbery. Upon arriving at the prospective crime scene, Hines and her son briefly went inside the store but then returned to the car shortly thereafter. The party of four then drove to a darkened parking lot next door, where Hines instructed her son to remove the vehicle's tag. The group returned to the store but this time parked even farther away. Timmons and Jupiter — wearing dark clothes and masks—went inside the store, armed with guns.

Once they were inside, Jupiter and Timmons demanded money from the clerk, and Jupiter jumped over the counter to grab the money. With a few thousand dollars and some cigars in hand, the men then fled from the store and sped off with Hines behind the wheel. Two law enforcement officers observed the men running and the vehicle speeding from the lot, and they quickly followed the car onto a side road before initiating a stop. Timmons and Jupiter then ran from the car. And while Jupiter successfully escaped, Timmons did not. A jacket and black scarf were later recovered by the police from the direction in which Jupiter fled.

After apprehending Timmons, Hines, and Hines's son, the officers returned to the crime scene. In a suspicious twist of fate, Jupiter's mother and two brothers arrived shortly thereafter. After a brief discussion with an officer, Jupiter's mother gave that officer permission to search her home, which was located less than a quarter-mile from where the officers had stopped the getaway vehicle. A search of the Jupiter home produced a black shirt and a dark pair of pants just inside the entrance of an exterior crawlspace. The clothes were damp, dirtied with fresh mud and leaves, and devoid of spider webs or anything else that would otherwise suggest that these articles of clothing had been under the house for more than a brief period of time.

1. Jupiter argues that the trial court erred in denying his motion to suppress the evidence obtained from the search of his mother's home. Specifically, he contends that (1) he had standing to challenge the consent given by his mother, (2) his mother's consent to the search was invalid because "there was no reasonable articulable suspicion *595 of illegal activity at her home,"[3] and (3) the denial of this motion was harmful error because this was the only evidence that corroborated Timmons's testimony. We disagree.

When a defendant's own rights are violated, he unquestionably "has standing to suppress evidence obtained through an illegal search or seizure[.]"[4] And at a suppression hearing, the State has the burden of proving that the challenged evidence was obtained through a lawful search and seizure.[5] We review a trial court's ruling on a motion to suppress evidence using the "any evidence" standard, "which means that we sustain all of the trial court's findings of fact that are supported by any evidence."[6] Thus, "[w]e construe all evidence presented in favor of the trial court's findings and judgment,"[7] accepting the trial court's decision unless it is clearly erroneous.[8]

At the motion to suppress hearing, it was adduced that an officer questioned Jupiter's mother when, 30 to 45 minutes after the crime, she arrived at the grocery store and parked near where Hines's car had been located during the commission of the robbery. The officer pulled up behind the mother with his lights activated after noticing something that looked like a black cloth or mask beside the car and two African-American males getting into the vehicle.[9] Based upon information that the officer had obtained through the ongoing investigation, he suspected that Jupiter was the fleeing suspect; and he had also already learned of Jupiter's home address. Thus, when the officer discovered that the woman inside the suspiciously parked vehicle was Jupiter's mother (after requesting and viewing her identification), he naturally asked her to step out of the vehicle to question her about the events that had just transpired. Jupiter's mother informed the officer that she had not seen her son since earlier in the morning and that she was unaware of whether he was at her home. And while other officers had previously arrived at the mother's house (after Hines and Timmons informed them of its location), the officer questioning Jupiter's mother obtained her permission to actually search for Jupiter at her home.

Shortly thereafter, while securing the perimeter, officers spotted the recently discarded clothing in the home's open crawlspace; and the mother told the officers that there should not have been anything under her house. At the officer's request, the mother rode to her home in the back of his patrol car because he was concerned that she might call to tip off Jupiter about the impending search.[10] The officer testified, however, that if the mother had objected to or denied his request, he would have allowed her to follow him in her vehicle. The officer further testified that (1) none of the officers investigating the crime ever threatened Jupiter's mother in any way, (2) she willingly unlocked the house for the officers, and (3) Jupiter's mother *596 never told any of the officers that she would prefer it if they obtained a search warrant.

Jupiter argued at the suppression hearing that his mother's consent was only gained after an illegal stop, but neither probable cause nor a search warrant is required to search property when voluntary consent is obtained from "the individual whose property is searched or . . . a third party who possesses common authority over the premises to be searched."[11] And here, we have no doubt that Jupiter's mother had common authority over the crawlspace where the evidence was obtained because "[t]here was no evidence that [Jupiter] paid rent to his mother for the exclusive use of the [crawlspace] or that he had exclusive domain over the [crawlspace]."[12] Nevertheless, while obtaining valid consent eliminates the need for probable cause or a search warrant, the State must still prove that the consent was freely and voluntarily given;[13] and voluntariness is generally a question of fact for the trial court.[14]

On appeal, Jupiter argues that the officer engaged in a second-tier encounter[15]

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Cite This Page — Counsel Stack

Bluebook (online)
707 S.E.2d 592, 308 Ga. App. 386, 2011 Fulton County D. Rep. 702, 2011 Ga. App. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jupiter-v-state-gactapp-2011.