State v. Peterson

543 S.E.2d 692, 273 Ga. 657, 2001 Fulton County D. Rep. 798, 2001 Ga. LEXIS 192
CourtSupreme Court of Georgia
DecidedMarch 2, 2001
DocketS00A1512
StatusPublished
Cited by26 cases

This text of 543 S.E.2d 692 (State v. Peterson) is published on Counsel Stack Legal Research, covering Supreme Court 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. Peterson, 543 S.E.2d 692, 273 Ga. 657, 2001 Fulton County D. Rep. 798, 2001 Ga. LEXIS 192 (Ga. 2001).

Opinions

Benham, Chief Justice.

This appeal is from the trial court’s grant of a motion to suppress evidence in a murder prosecution. See OCGA § 5-7-1 (a) (4). Testimony at the hearing on the motion to suppress outlined the following events. On January 15, 1998, shortly after 10:00 p.m., Terri Lynn Peterson made an emergency call to 911 because her five-year-old nephew, Terrell Peterson, was not breathing. The child was taken by emergency personnel to a local hospital where he was pronounced dead. Detective Griffie of the Atlanta Police Department, who was assigned to the case, arrived at the hospital shortly after midnight. There he observed the dead child’s body with numerous bruises, abrasions and cuts covering his head, face, torso and extremities. After consulting with medical personnel, Detective Griffie formed the opinion that the child had been the victim of severe abuse, neglect, strangulation, and starvation. Detective Griffie spoke with Terri Lynn Peterson and learned that two small children, ages six and eleven, were still present at the Peterson home with Terri Lynn Peterson’s boyfriend, Calvin Pittman. When he arrived at the Peterson home, the detective was admitted into the home by two uniformed police officers who told him that Pittman had been taken from the home to police headquarters for questioning and that they were caring for the two minor children who were without adult supervision. Being concerned for the safety of the two minor children who were in a bedroom on the second floor of the Peterson home, Detective Griffie immediately initiated efforts to contact relatives to take care of the children. He did so by climbing the stairs to the second floor of the home to ask the children the identity of their nearest relatives. At the top of the stairs, he noticed a pair of pantyhose on the banister in front of the bedroom and several notes attached to the door of the bedroom in which the children were sleeping.1 When he [658]*658entered the bedroom, one of the children was suffering an asthma attack and Detective Griffie, with the assistance of the other child, helped the stricken child obtain access to a breathing machine in an adjoining bedroom. Through the open door of another bedroom, Detective Griffie saw a belt and a piece of telephone cord that could have been used to cause the injuries he had observed on the victim in the hospital emergency room. The children told Detective Griffie that the pantyhose were used to tie the victim to the bannister.

After meeting with no success in locating relatives of the two minor children, Detective Griffie arranged for court-ordered placement of the children in a shelter. Detective Griffie had a police photographer come to the Peterson home and take pictures of the pantyhose, the rope, the belt, and the notes affixed to the door of the children’s bedroom, then seized the articles.

The grand jury indicted Terri Lynn Peterson, Calvin Pittman, and Pharina Peterson, the victim’s grandmother, for malice murder, three counts of felony murder, aggravated assault, aggravated battery, and three counts of cruelty to a child. The defendants moved for suppression of the items seized by Detective Griffie and the photographs made at his direction. The trial court granted the motion, finding that Detective Griffie was not authorized to seize the items without a warrant under the “plain view doctrine” because no exigent circumstances required his presence in the apartment.

The “plain view doctrine,” which must be considered on a case-by-case basis (United States v. Anderson, 154 F3d 1225, 1233 (10th Cir. 1998)), permits the warrantless seizure of evidence visible to a police officer who sees it from a vantage point the officer is legally entitled to occupy. State v. McTaggart, 241 Ga. App. 852 (528 SE2d 309) (2000). See also State v. David, 269 Ga. 533 (2) (501 SE2d 494) (1998). There is no question that the evidence at issue was in Detective Griffie’s plain view. Whether Detective Griffie was authorized to be where he was when he saw the evidence is the key to this appeal. Applying a common sense approach to the matter, we conclude that there are two reasons why Detective Griffie was authorized to enter the home without a warrant, and that the trial court erred in concluding otherwise.2

1. In its order granting the motion to suppress, the trial court [659]*659relied on the presence of uniformed officers to hold that no exigent circumstances existed to authorize Detective Grifiie’s entry. Necessarily implicit in that ruling, and crucial to its rationale, is the legality of the uniformed officers’ presence in the home to secure it and to protect the children. That being so, Detective Grifiie’s entry for the purpose of seeing that the children who had been left without responsible adult supervision were cared for properly was not a violation of the residents’ Fourth Amendment rights.

[Additional investigators or officials may . . . enter a citizen’s property after one official has already intruded legally. [Cits.] Later arrivals may join their colleagues even though the exigent circumstances justifying the initial entry no longer exist. [Cit.]

United States v. Brand, 556 F2d 1312, 1317 (5th Cir. 1977).

Of course, the later officials must confine their intrusion to the scope of the original invasion unless a warrant or one of the exceptions to the warrant requirement justifies a more thorough or wide ranging search.

Id. at fa. 9.

The only evidence regarding Detective Griffie’s entry into the house was that he did it for the purpose of caring for the children. Since that is the role the trial court implicitly found the uniformed officers to be serving, Detective Griffie’s intrusion was limited to the scope of the original intrusion and was, therefore, legal notwithstanding the exigency no longer existed.

The dissent’s suggestion that reliance on the necessary implication in the trial court’s order is illogical depends on the dissent’s unfounded speculation regarding the trial court’s reasoning. Without reliance on such speculation, a clear-eyed reading of the trial court’s order reveals that without such an implied finding, the order makes no sense. We are unwilling to dismiss so lightly the reasoning of the trial court.

2. Nonetheless, if the trial court’s order were to be construed as not to include a holding that the uniformed officers were legitimately present to care for the children, the fact that the children were without responsible adult supervision because of the action of police officers would constitute an exigent circumstance that would authorize Detective Griffie to enter the home to assist the children. A law enforcement officer may make a legally permissible warrantless entry into a residence when exigent circumstances exist. State v. David, supra at 536 (3). Knowledge or the reasonable belief that minor children in a residence are without adult supervision is an exi[660]*660gent circumstance that authorizes police entry to help those believed to be in need of immediate aid. State v. Jones, 937 P2d 310, 317 (Ariz. 1997); State v. Plant, 461 NW2d 253 (Neb. 1990); State v. Copeland, 631 S2d 1223 (La. App. 1994); State v. Garland, 636 A2d 541 (N.J. App. 1994); State v. Jones, 608 P2d 1220 (Ore. App. 1980).

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Bluebook (online)
543 S.E.2d 692, 273 Ga. 657, 2001 Fulton County D. Rep. 798, 2001 Ga. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-peterson-ga-2001.