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Downey v. State

While executing a fugitive warrant for defendant's arrest, police officers were entitled to search his entire home to locate him and secure and clear any weapons they discovered during that search.

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Following a bench trial in the Superior Court of Cobb County where the relevant facts were stipulated, Jeffrey Glenn Downey was found guilty on four counts of burglary.1 On appeal, Downey claims error in the trial court’s denial of his motion to suppress the results of a search of his residence. Finding no error, we affirm.

Downey lived with his mother in Cobb County. He was wanted for burglary in Cherokee County and a fugitive warrant was issued. Lieutenants Sampson and Simmons from the Cobb County Police Department went to Downey’s residence to arrest him on the fugitive warrant. Downey’s car was in the driveway. His mother answered the officers’ knock. Claiming Downey was not at home, she consented to a search of the residence pursuant to the execution of the arrest warrant.

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