Quintrell v. State

499 S.E.2d 117, 231 Ga. App. 268, 98 Fulton County D. Rep. 1399, 1998 Ga. App. LEXIS 429
CourtCourt of Appeals of Georgia
DecidedMarch 17, 1998
DocketA97A2218
StatusPublished
Cited by12 cases

This text of 499 S.E.2d 117 (Quintrell 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
Quintrell v. State, 499 S.E.2d 117, 231 Ga. App. 268, 98 Fulton County D. Rep. 1399, 1998 Ga. App. LEXIS 429 (Ga. Ct. App. 1998).

Opinions

Beasley, Judge.

Quintrell was arrested and charged with three hunting misdemeanors: hunting over bait, “unlawful enticement of game” (OCGA § 27-3-9); hunting bears out of season (OCGA § 27-3-26); and unlaw[269]*269ful use of bear bait (OCGA § 27-3-27). Only the latter two offenses are misdemeanors of a high and aggravated nature. A jury convicted Quintrell of hunting over bait but acquitted him of the other charges. He enumerates error in the denial of his motion to suppress as evidence a videotape showing Quintrell in possession of a hunting bow and arrows on a hunting stand located nearby, which was above food generally considered to be bear bait. He also enumerates as an abuse of discretion the suspension of his hunting and fishing licenses as a condition of probation.

Farist, a law enforcement official in the Department of Natural Resources (DNR), together with other officers, investigated a report of illegal hunting taking place over bait on certain private property in Towns County. In an area up an old road from the property owner’s trout hatchery, Farist found at small clearings and other nearby places man-made tree stands, three of wood and one of metal. At one stand he found grease, scraps of what were apparently beef bones, and a salt lick, all ten to fifteen yards from the stand. No food was near the second stand, but a clearing just past it contained a lot of grease and some fish bones. At the third were beef bones, meat scraps, grease and a salt lick. Near the fourth stand were dead trout, apples, candy mints, and doughnuts. Officer Farist saw what he believed to be bear tracks and trails. He smelled the odor of bear. An arrow feather lay beneath a stand, indicating to Farist that the stands were being used for hunting, not photography.

Farist returned the following day with DNR Ranger Bill Jones and videotaped the stands and several persons in or about the stands, including Quintrell. Quintrell, another person and the property owner were arrested. It is uncontested that the stands were located on private property and that the officers did not have the owner’s permission to go upon the property but Quintrell did.

1. The first issue is whether Quintrell was entitled to suppression of the videotapes as evidence because they were made in violation of OCGA § 16-11-62 (2) and/or (3)1 and thus should have been excluded pursuant to the express sanction of OCGA § 16-11-67.2 His argument centers on his categorization of the place displayed on the film as a “private place” within the meaning ascribed to that term by OCGA § 16-11-60 (3), i.e.: “ 'Private place’ means a place where one is [270]*270entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance.” Quintrell could not reasonably have expected the evidence of bear hunting, including his presence on the second day, to be safe from surveillance by the conservation rangers.

One reason is that the rangers are given, in addition to the powers vested in any other law enforcement officers within the Department of Natural Resources, the power “[t]o go upon property outside of buildings, posted or otherwise, in the performance of their duties.”3 While it is true that “[statutes of this state cannot diminish rights guaranteed by the United States or Georgia Constitutions,”4 the federal constitution does not proscribe entry on the type of property entered here without warrant by a law enforcement officer in pursuit of official duties. As held in Manley v. State of Ga. ,5 entry on posted private property did not constitute trespass onto a zone of privacy protected by the Fourth Amendment.

For that principle we repeat what was quoted in Manley: “ £[I]n Hester v. United States, 265 U. S. 57, 59 (44 SC 445, 68 LE 898), the United States Supreme Court held that even if the law enforcement agents had trespassed onto privately owned land an illegal search and seizure did not occur, because the special protection accorded by the Fourth Amendment to the people in their “persons, houses, papers, and effects” is not extended to the open fields.’ ”6 True, the area at issue here was not open to casual view of a passerby on a public way but rather was secluded in the woods. But as the United States Supreme Court observed in Oliver v. United States:7 “An open field need be neither ‘open’ nor a ‘field’ as those terms are used in common speech. For example ... a thickly wooded area nonetheless may be an open field as that term is used in construing the Fourth Amendment.” See Gravley v. State, 181 Ga. App. 400, 402 (352 SE2d 589) (1986) (physical precedent only); Perry v. State, 204 Ga. App. 643, 645 (2) (419 SE2d 922) (1992).

In discerning the scope of the statutory meaning of “private place,” we ascribe the same scope as has been given to the Fourth Amendment protections. We give this interpretation to the statutory term because, were it otherwise, an officer could enter the premises, search, make notes, seize contraband, and testify as to all of this at trial but would not be permitted to memorialize the evidence in place by way of a visual or auditory evidence-recording device as listed in OCGA § 16-11-60 (1). The law seeks the highest evidence from the [271]*271purest sources, not the opposite.8 Where a scene or events can be captured faithfully as is, the factfinder will have a more objective and accurate rendition than generally can be achieved through recollection by a witness. Nothing in the statute indicates the General Assembly intended otherwise.

The crime for which Quintrell was convicted is a misdemeanor. OCGA §§ 27-3-9; 16-1-10. A warrant to use the videotape camera to depict the evidence of criminal activity, which instrument or apparatus clearly is a “device” within the meaning of OCGA § 16-11-60, would not be obtainable because such a warrant can be issued only for specified serious felonies; not for misdemeanors.9 But a warrant for use of such a picture-creating device is not needed by a law enforcement officer who, in performing the officer’s duties as described in OCGA § 16-11-64 (a), does not invade a “private place” and thereby violate OCGA § 16-11-62.

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Quintrell v. State
499 S.E.2d 117 (Court of Appeals of Georgia, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
499 S.E.2d 117, 231 Ga. App. 268, 98 Fulton County D. Rep. 1399, 1998 Ga. App. LEXIS 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quintrell-v-state-gactapp-1998.