State v. Camp

333 S.E.2d 896, 175 Ga. App. 591, 1985 Ga. App. LEXIS 2820
CourtCourt of Appeals of Georgia
DecidedJuly 15, 1985
Docket69852
StatusPublished
Cited by30 cases

This text of 333 S.E.2d 896 (State v. Camp) 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
State v. Camp, 333 S.E.2d 896, 175 Ga. App. 591, 1985 Ga. App. LEXIS 2820 (Ga. Ct. App. 1985).

Opinions

Beasley, Judge.

The State appeals from the trial court’s grant of appellees’ motion to suppress. The record shows that Detective Starrett received a tip that marijuana could be purchased at a certain mobile home in Douglas County. Around 3:00 a.m., without first obtaining a search warrant, Detective Starrett, along with other officers, went to the mobile home. Detective Starrett went to the door where he was greeted [592]*592by David Stockton. Starrett told Stockton that he wanted to buy some marijuana. A price was agreed upon, and Stockton left the living room and went down the hall to a bedroom where he knocked on the door. Starrett watched Stockton at the door, saw the door crack open, and heard conversation between Stockton and someone in the bedroom whom Starrett could not see. Detective Starrett thought he heard something about a bag. Stockton reached inside the door and came back to the living room with a bag of marijuana which he sold to Detective Starrett. Stockton was immediately arrested and taken outside and turned over to one of the other officers present.

Detective Starrett and Officer Wynn then went back into the mobile home and back to the bedroom where Starrett had seen Stockton go to get the marijuana. Starrett knocked once upon the closed bedroom door and then entered followed by Officer Wynn. They found appellees John Terry Camp and Regina Ruth Poole in bed together and arrested them for violation of the Georgia Controlled Substances Act. Detective Starrett saw a baggie on the bed which contained a white powder. He seized the bag. Camp and Poole were then permitted to dress. After appellees finished dressing, the officers led them into the living room and “secured” them upon the couch. The officers then returned to the bedroom and made a systematic search. Officer Wynn searched Poole’s purse which he had found on the floor beside the bed. In the purse he found a bag containing white powder, a razor blade, and a straw. These were seized. Detective Starrett testified that the crime lab later identified the white power as amphetamines, but he was not sure which powder from which bag was being identified. In the headboard of the bed, the officers found a bag containing nearly a pound of marijuana. After completing the search of the bedroom, the officers returned to the living room. As they escorted appellees from the home, Officer Wynn looked beneath a cushion on the couch and found another cache of marijuana.

David Stockton pleaded guilty to possessing and selling marijuana, violations of the Georgia Controlled Substances Act. Camp and Poole moved to suppress the evidence seized in the search of the mobile home because the search was made without a search or arrest warrant. The trial court granted the motion to suppress in its entirety holding that the intrusion into the bedroom was both unwarranted and unreasonable.

1. Defendants each filed a motion to suppress evidence, alleging a violation of the federal Fourth Amendment, the state constitutional right against unreasonable searches and seizures (1983 Ga. Const., Art. I, Sec. I, Par. XIII), OCGA §§ 17-5-1 and 17-5-2, and federal and state due process provisions. The court took evidence and heard argument, after which both the state and defendants submitted briefs reciting their respective versions of the facts and documenting their ar[593]*593guments. Defendants posited their positions plainly, repeating nearly verbatim what they stated at the outset of the hearing: “Defendants base their motion to suppress on the Fourth Amendment and the Constitution of the State of Georgia.” Their argument cited as authority a number of Georgia and U. S. Supreme Court cases in support of their Fourth Amendment claim. No argument was made in pursuit of the nominal invocation of the Georgia Constitution or of the Code provisions. The Fourth Amendment was the entire focus of the presentation, the state having responded that exigent circumstances authorized the warrantless search. After the two officers testified, the court heard argument and invited briefs, indicating that it would do further research on the Fourth Amendment. Subsequently it issued the order which was appealed to this court. It concluded that the Fourth Amendment had been violated because “exigent circumstances” were not present and that defendants had a “reasonable expectation of privacy” so that the items seized in the bedroom were inadmissible. The court also rejected the application of “the ‘search incident to a lawful arrest’ exception.” As to the baggie with white powder seen on the bed, the court ruled that “plain view” did not authorize seizure because the officer was not “at a place where he is entitled to be” when he saw the baggie.

On appeal, the state claims as error the granting of the motion. Although in its brief it argues in part that the statute, OCGA § 17-5-1, authorizes a search pursuant to lawful arrest “within the person’s immediate presence” for certain enumerated purposes, that argument is irrelevent here, which appellees point out.1 As shown by the development of the case, defendants were not pursuing a claim of violation of statutory rights, nor did the trial court address such an issue. Even if the statute were complied with, if the federal constitutional right involved here was violated, the latter would of course control. Thus the state can take little solace by citing adherence to the state statute.

The same would be true of an application of the state constitution which, when its restrictions are less protective of individual rights than the federal constitution’s principles as exposited by the U. S. Supreme Court, must yield to the supreme law of the land. Defendants did not advance the state constitutional claim, nor was such addressed by anyone. So we would consider it as having been abandoned below also. Kingston v. State, 127 Ga. App. 660, 661 (2) (194 SE2d 675) (1972); Cox v. City of Lawrenceville, 168 Ga. App. 119 (308 SE2d 224) (1983). See Solesbee v. Balkcom, 339 U. S. 9, 11 (70 SC [594]*594457, 94 LE 604) (1949). The appellate court corrects errors of law committed by the trial court where proper exception is taken. Velkey v. Grimes, 214 Ga. 420 (105 SE2d 224) (1958); Butler v. State, 172 Ga. App. 405, 406 (1) (323 SE2d 628) (1984). Thus, whether the state constitutional guarantees were secured in the circumstances of this case we are not prepared to say. Since it was not drawn in question, this is not the proper case for this court to explore that possibility.

Like treatment must be given the statute which, if defendants believed it had been violated, should have been analyzed first. See Salem College & Academy v. Employment Div., 298 Or. 471 (695 P2d 25, 34) (1985). The reason is that if state law was not followed, that would be conclusive and the federal constitutional issue need not be reached. But they dwelt on the Fourth Amendment, the court ruled that the search and seizure did not come within its bounds, and that is all this court has for review. We do not have a situation where we can rule on “separate, adequate, and independent state law grounds.” For the difference it makes, see Caldwell v. Mississippi, — U. S__ (53 LW 4743, 4744-4745, Div. II (June 11, 1985)) and cases cited therein, especially Michigan v. Long,

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

Related

Fair v. State
664 S.E.2d 227 (Supreme Court of Georgia, 2008)
State v. Venzen
649 S.E.2d 851 (Court of Appeals of Georgia, 2007)
Powell v. State
538 S.E.2d 857 (Court of Appeals of Georgia, 2000)
Brannon v. State
500 S.E.2d 597 (Court of Appeals of Georgia, 1998)
Jenkins v. State
477 S.E.2d 910 (Court of Appeals of Georgia, 1996)
Duitsman v. State
457 S.E.2d 702 (Court of Appeals of Georgia, 1995)
Smith v. State
440 S.E.2d 44 (Court of Appeals of Georgia, 1993)
Merriman v. State
412 S.E.2d 598 (Court of Appeals of Georgia, 1991)
Daniel v. State
404 S.E.2d 466 (Court of Appeals of Georgia, 1991)
Bonds v. State
372 S.E.2d 448 (Court of Appeals of Georgia, 1988)
State v. Hawkins
371 S.E.2d 668 (Court of Appeals of Georgia, 1988)
State v. Oliver
372 S.E.2d 256 (Court of Appeals of Georgia, 1988)
Camp v. State
353 S.E.2d 832 (Court of Appeals of Georgia, 1987)
Laws v. State
349 S.E.2d 478 (Court of Appeals of Georgia, 1986)
Van Nice v. State
348 S.E.2d 515 (Court of Appeals of Georgia, 1986)
Hunt v. State
348 S.E.2d 467 (Court of Appeals of Georgia, 1986)
Beard v. State
342 S.E.2d 751 (Court of Appeals of Georgia, 1986)
Dimick v. State
341 S.E.2d 914 (Court of Appeals of Georgia, 1986)
State v. Scott
339 S.E.2d 276 (Court of Appeals of Georgia, 1985)
State v. Camp
333 S.E.2d 896 (Court of Appeals of Georgia, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
333 S.E.2d 896, 175 Ga. App. 591, 1985 Ga. App. LEXIS 2820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-camp-gactapp-1985.