Parker v. State

754 S.E.2d 409, 326 Ga. App. 175, 2014 Fulton County D. Rep. 220, 2014 WL 406511, 2014 Ga. App. LEXIS 41
CourtCourt of Appeals of Georgia
DecidedFebruary 4, 2014
DocketA13A2152
StatusPublished
Cited by4 cases

This text of 754 S.E.2d 409 (Parker 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
Parker v. State, 754 S.E.2d 409, 326 Ga. App. 175, 2014 Fulton County D. Rep. 220, 2014 WL 406511, 2014 Ga. App. LEXIS 41 (Ga. Ct. App. 2014).

Opinion

Miller, Judge.

Following a stipulated bench trial, the trial court found Male Parker guilty of armed robbery (OCGA § 16-8-41). On appeal, Parker challenges the trial court’s denial of his motion to suppress, contending that the trial court erred in allowing hearsay evidence and failing to suppress statements he made to police officers, evidence found during a search of his residence, and photographic identifications of Parker. Discerning no error, we affirm.

In reviewing a trial court’s ruling on a motion to suppress, we may consider all relevant and admissible evidence of record introduced at the motion hearing or during trial. See Walker v. State, 314 Ga. App. 67 (1) (722 SE2d 887) (2012). Additionally,

[w]hile a trial court’s findings as to disputed facts will be reviewed to determine whether the ruling was clearly erroneous, 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 appellate review.

(Citation and punctuation omitted.) Id.

So viewed, the evidence shows that in April 2010, Parker and his girlfriend resided in apartment number 2203 at the Waterford Club Apartments in Lithia Springs. At that time, Parker owned a Hi Point semi-automatic 9mm pistol. Sometime before April 19, 2010, co-defendant Jabree Smith approached Parker with a plan to commit an armed robbery, and Parker agreed to participate in the armed robbery of the victim.

On April 19, 2010, the victim traveled to the Waterford Club Apartments, believing that he was meeting Smith to purchase one pound of marijuana for $1,300. Neither Parker, Smith, nor a third co-defendant, Matthew Bourassa, ever intended to sell marijuana to the victim, and no one in the trio had a pound of marijuana to sell. When the victim arrived at the apartment complex, he met Smith in the parking lot, and Smith directed the victim to the 2300 building. Parker and Bourassa were hiding in a basement level breezeway. Smith led the victim down some stairs and into the breezeway, whereupon Parker pointed his loaded gun at the victim and cocked it. Parker ordered the victim to get on the ground, and Bourassa then searched the victim. Upon taking the victim’s cell phone and a wallet, Parker told the victim, “[w]e ought to just shoot you.”

[176]*176The victim told Parker and the co-defendants that a friend was holding the money for the victim at a nearby gas station. Parker gave his gun to Smith, and Smith held the victim at gunpoint while the victim drove to the gas station. Once they arrived at the gas station, Smith exited the car and fled on foot to apartment number 2203, where he returned the gun to Parker. Parker hid the gun in the closet of his master bedroom. Smith and Bourassa then went to Bourassa’s residence, Waterford Club apartment number 2222. The victim subsequently called the police.

The investigating officer spoke to the victim and, upon learning that the robbery occurred at the Waterford Club Apartments, the investigating officer, the victim, and other officers went to that apartment complex. The investigating officer then received a physical description of the suspects and began canvassing the complex in search for individuals matching that description. The investigating officer spoke to a leasing agent, and she identified Bourassa as an individual matching the physical description of one of the suspects. The agent directed the investigating officer to apartment number 2222.

The investigating officer and other officers proceeded to Bourassa’s apartment and knocked on the door. Bourassa answered the door, stepped outside, and briefly spoke to the investigating officer. The investigating officer told Bourassa that he was investigating an armed robbery and asked whether anyone else was in the apartment. Bourassa stated that Smith was inside the residence, and Smith was ultimately removed from the apartment. While Bourassa and Smith were outside the apartment, the victim positively identified them as his assailants. Bourassa and Smith were then arrested and transported to the Douglas County Sheriff’s Office.

After being advised of and waiving their Miranda rights, Bourassa and Smith both gave statements admitting that they and Parker were involved in the armed robbery. During these custodial interviews, Bourassa and Smith provided Parker’s physical description and information that Parker used the first name “Marquis,” he lived in apartment 2203 with his girlfriend, and his girlfriend drove a white Dodge Avenger.

The investigating officer then directed other police officers, who were still at apartment 2222, to conduct surveillance on Parker’s apartment — apartment number 2203. Police officers observed Parker’s girlfriend drive up to the apartment complex in a white Dodge Avenger, exit her vehicle, and enter apartment 2203. Police officers then heard the girlfriend tell someone that police officers were all over the place and were outside staring at her. A few minutes later, Parker exited the apartment and walked toward his girlfriend’s car. [177]*177Since the police officers were looking for a suspect who lived in apartment 2203 and Parker matched the general description of that suspect, the police officers detained him. After Parker told the onsite officers his name, the investigating officer who was back at the sheriff’s office used an on-file photograph of Parker for the purpose of preparing a photo lineup. Bourassa and Smith then identified Parker during separate photo lineups.

Parker was arrested and transported to the sheriff’s office. Meanwhile, police officers obtained and executed a search warrant for Parker’s apartment. During the search, police officers found a loaded pistol and clothing similar to that described by the victim.

The investigating officer subsequently interviewed Parker at the sheriff’s office. The officer read Parker the Miranda warnings, and Parker waived his rights and agreed to talk to the officer. Parker then admitted that he was the gunman during the armed robbery.

In several enumerations of error, Parker contends that the trial court erred in denying his motion to suppress his custodial statements, evidence found during a search of his apartment, and his co-defendants’ pre-trial identifications of him. Parker’s arguments lack merit.

1. Parker first contends that the trial court erred in allowing the investigating officer to testify about another officer’s custodial interview of Bourassa and Smith. Parker specifically argues that the hearsay evidence could not be used to prove the lawfulness of the State’s actions and violated his right to confront witnesses. We discern no error.

“A defendant may seek to suppress evidence seized during a warrant search if the warrant was not supported by probable cause.” (Footnote omitted.) Shivers v. State, 258 Ga. App. 253, 253-254 (573 SE2d 494) (2002). Similarly, in order for a warrantless arrest to be valid, police officers must have probable cause to believe the accused has committed or is committing a criminal act. Devega v. State, 286 Ga. 448, 451 (4) (b) (689 SE2d 293) (2010).

It has long been recognized that hearsay is admissible in determining the existence of probable cause.

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Cite This Page — Counsel Stack

Bluebook (online)
754 S.E.2d 409, 326 Ga. App. 175, 2014 Fulton County D. Rep. 220, 2014 WL 406511, 2014 Ga. App. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-state-gactapp-2014.