Smith v. State
Smith v. State
Opinion of the Court
The appellant brings this appeal from the denial of his motion for new trial following his conviction of trafficking in cocaine. The appellant lived in a boarding house which was searched pursuant to a warrant in which it was stated that he and another individual were storing and concealing cocaine in “the last room on the right downstairs.” While the search was being carried out, Officer Dix saw a woman knock on the door to the appellant’s room (which adjoined the room referenced in the warrant) and heard her speak with him about retrieving her baby from his room. Dix testified that he saw the appellant open the door at this time and recognized him as being one of
1. OCGA § 17-5-21 (b) provides that “[w]hen the peace officer is in the process of effecting a lawful search, nothing in this Code section shall be construed to preclude him from discovering or seizing . . . any item, substance, object, thing or matter, the possession of which is unlawful. . . .” However, it has been held that “[t]he discovery of the item must . . . have resulted from a bona fide search for the items named in the warrant.” Cayce v. State, 192 Ga. App. 97, 98 (383 SE2d 648) (1989).
In the present case, the contraband was not discovered in the room named in the warrant but in an adjoining room; however, inasmuch as the appellant was occupying the room, and inasmuch as he was named in the warrant as one of the persons believed to be concealing cocaine on the premises, we conclude that the search of the room was authorized by the warrant. We accordingly hold that the appellant’s consent to the search was not necessary, with the result that his motion to suppress was properly denied.
2. Viewed in the light most favorable to the verdict, the evidence authorized a rational trier of fact to find the appellant guilty beyond a reasonable doubt of trafficking in cocaine. See generally Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.