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State v. Vickers

The Court affirmed the grant of defendants' motion to suppress evidence seized from a vehicle in the driveway of a residence, as the record supported the trial court's conclusion that officers failed to obtain a warrant and showed no consent or exigent circumstances to support a search or arrest in the curtilage of the residence.

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Treland Jones, Ladairius Vickers, and Deonte Sims were charged by accusation with two counts of violation of the Georgia Controlled Substances Act.1 The State appeals from the trial court’s grant of the appellees’ motions to suppress evidence obtained in a warrantless search of a vehicle parked in the driveway of Sims’ home. Because the evidence supports the trial court’s conclusion that officers failed to obtain a warrant and showed no consent or exigent circumstances to support a search or arrest in the curtilage of the residence, we affirm.

A trial judge’s findings of fact on a motion to suppress should not be disturbed if there is any evidence to support them; determinations of fact and credibility must be accepted unless clearly erroneous; and the evidence must be construed most favorably to the upholding of the trial court’s findings and judgment. Cits. Kirsche v. State, 271 Ga. App. 729 611 SE2d 64 2005. And whether evidence is found within the curtilage of a residence is a mixed question of fact and law. On appeal, we accept the trial court’s findings of fact unless clearly erroneous, but owe no deference to the trial court’s conclusions of law. Instead, we are free to apply anew the legal principles to the facts. Citations, punctuation, and footnote omitted. Rivers v. State, 287 Ga. App. 632, 633 1 b 653 SE2d 78 2007.

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