Mijares v. State, 556 S.E.2d 927 (Ga. Ct. App. 2001). · Go Syfert
Mijares v. State, 556 S.E.2d 927 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
Strongest positive: Boykins v. State (gactapp, 2010-10-28)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Boykins v. State
Ga. Ct. App. · 2010 · confidence medium
Accord Carrera, supra (police approaching parked car is first-tier encounter); Mijares v. State, 252 Ga. App. 804, 805 (2) ( 556 SE2d 927 ) (2001) (first-tier encounter where officer did not create impression that defendant could not leave, after officer approached defendant standing outside his parked car). 9 Cf. State v. Kaylor, 234 Ga. App. 495, 496-498 ( 507 SE2d 233 ) (1998) (officer parked his car behind defendant’s van in parking lot of a convenience store but did not block van’s means of egress; officer approached defendant and requested license and proof of insurance; stop was a f…
discussed Cited as authority (rule) State v. Cauley
Ga. Ct. App. · 2006 · confidence medium
See also Rocco, supra; Fox v. State, 272 Ga. 163, 166 (2) ( 527 SE2d 847 ) (2000) (warrantless search of a probationer must be based upon reasonable grounds to believe that probationer has contraband or has engaged in illegal activity at the search location). 21 Cauley’s parole officer confirmed that he reviewed the parole certificate containing the search condition with Cauley, and that he watched Cauley sign it. 22 See Samson, supra at 2199; Dean, supra; compare Fox, supra at 164-165 (1) (search condition of probation invalid where it was not discussed with the probationer until after he e…
cited Cited as authority (rule) Reynolds v. State
Ga. Ct. App. · 2006 · confidence medium
See Strickland, supra, 265 Ga. App. at 540; Eichelberger, supra, 252 Ga. App. at 804 (2).
discussed Cited as authority (rule) State v. Devine (2×)
Ga. Ct. App. · 2005 · confidence medium
Johnson, P. J., and Barnes, J., concur. 1 Salmeron v. State, 273 Ga. App. 55 ( 614 SE2d 177 ) (2005). 2 See State v. Burks, 240 Ga. App. 425, 426 (1) ( 523 SE2d 648 ) (1999). 3 See id.; Mijares v. State, 252 Ga. App. 804, 805 (2) ( 556 SE2d 927 ) (2001). 4 Burks, supra at 426 (1). 5 See Mijares, supra at 805 (2). 6 (Punctuation omitted.) Id. 7 See id. 8 See id.; State v. Cates, 258 Ga. App. 673, 675 ( 574 SE2d 868 ) (2002) (physical precedent only). 9 See State v. Kwiatkowski, 238 Ga. App. 390, 393 ( 519 SE2d 43 ) (1999) (individual may-refuse officer’s request for consent to search without …
discussed Cited as authority (rule) Van Alstine v. State
Ga. Ct. App. · 2004 · confidence medium
In first-tier verbal encounters, law enforcement officers may approach a citizen, “ask for identification, and freely question the citizen without any basis or belief that the citizen is involved in criminal activity, as long as the officers do not detain the citizen or create the impression that the citizen may not leave.” Mijares v. State, 252 Ga. App. 804, 805 (2) ( 556 SE2d 927 ) (2001).
examined Cited as authority (rule) Carrera v. State (3×) also: Cited "see"
Ga. Ct. App. · 2003 · confidence medium
We have consistently held that during a first-tier encounter, “merely requesting consent for a search is not a seizure and does not require articulable suspicion.” Stokes v. State, 238 Ga. App. 230, 232 ( 518 SE2d 447 ) (1999); see Palmer v. State, 257 Ga. App. 650, 652 (1) ( 572 SE2d 27 ) (2002) (even without basis for sus *834 pecting person, police may request consent to search so long as they do not convey that compliance is required); Mijares v. State, 252 Ga. App. 804, 805 (2) ( 556 SE2d 927 ) (2001) (requests to search during a first-tier encounter do not convert such to a second-ti…
discussed Cited as authority (rule) Hutto v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2003 · confidence medium
Barnes and Adams, JJ, concur. 1 See Stokes v. State, 238 Ga. App. 230 ( 518 SE2d 447 ) (1999). 2 State v. Folk, 238 Ga. App. 206, 207 ( 521 SE2d 194 ) (1999). 3 Mijares v. State, 252 Ga. App. 804, 805 (2) ( 556 SE2d 927 ) (2001). 4 (Punctuation omitted.) State v. Underwood, 257 Ga. App. 893, 895 ( 572 SE2d 394 ) (2002).
discussed Cited "see" Higdon v. State
Ga. Ct. App. · 2003 · signal: accord · confidence high
Cerbone, Assistant District Attorney, for appellee. 1 Sanders v. State, 247 Ga. App. 170 -171 ( 543 SE2d 452 ) (2000). 2 See Garmon v. State, 271 Ga. 673, 678 (3) ( 524 SE2d 211 ) (1999) (under Whren v. United States, 517 U. S. 806 (116 SC 1769, 135 LE2d 89) (1996), officer’s subjective basis for search or arrest irrelevant when the totality of circumstances demonstrates probable cause to support the officer’s actions); Jackson v. State, 267 Ga. 130, 131 (5) (a) ( 475 SE2d 637 ) (1996) (same). 3 Ornelas v. United States, 517 U. S. 690, 699 (116 SC 1657, 134 LE2d 911) (1996). 4 Id. at 699-7…
Retrieving the full opinion text from the archive…
Mijares
v.
the State
A01A2384.
Court of Appeals of Georgia.
Dec 6, 2001.
556 S.E.2d 927
Sexton & Morris, Ricky W. Morris, Jr., for appellant., Tommy K. Floyd, District Attorney, James L. Wright III, Thomas R. McBerry, Assistant District Attorneys, for appellee.
Miller, Andrews, Eldridge.
Cited by 7 opinions  |  Published
Miller, Judge.

Jose Angel Mijares appeals the denial of his motion to suppress evidence and his ensuing conviction after a stipulated bench trial of trafficking in methamphetamine. He contends that (1) the State failed to establish venue, (2) the search of his person was invalid, and (3) certain testimony was inadmissible hearsay. We discern no error and affirm.

Viewed in the light most favorable to the court’s ruling, [1] the record shows that a detective with the City of McDonough Police Department, through the use of a confidential informant, arranged to buy drugs from Mijares. At the specified location, with Mijares standing beside his parked car, an officer working in tandem with the detective approached Mijares and asked him if he could talk to him. Mijares answered affirmatively. The officer then asked him if he could pat him down and again received an affirmative response. The[*805] officer then felt a large bulge in a pocket and asked permission to remove the contents of the pocket, which was given. Upon removal, the contents appeared to the officer to be a large quantity of methamphetamine.

1. Mijares first contends that the State failed to prove venue in Henry County. The detective testified, however, that “[t]he location [for the buy] was described to be at the Mo-Joe’s Chicken on Jonesboro Road, which is in the city of McDonough, Henry County, Georgia.” The detective’s further testimony and the testimony of the cooperating officer were to the effect that all of the operative facts occurred at that location. Accordingly, this enumeration is without merit.

2. Mijares argues that the trial court erred in denying his motion to suppress the evidence removed from his pocket. As we recently stated in State v. Ledford, [2] however,

[i]n Georgia, we recognize three levels of police-citizen encounters: In the first level, police officers may approach citizens, ask for identification, and freely question the citizen without any basis or belief that the citizen is involved in criminal activity, as long as the officers do not detain the citizen or create the impression that the citizen may not leave. This tier provides no Fourth Amendment protection. [3]

As we also noted in Ledford, “it is well established that an officer’s approach to a stopped vehicle and inquiry into the situation are not a stop or seizure but rather clearly fall within the realm of the first type of police-citizen encounter.” [4] “Further, we have found that requests to search made during the course of a first level police-citizen encounter do not transform such encounter into a second tier Terry stop: ‘it is clear that merely requesting consent for a search is not a seizure and does not require articulable suspicion.’ ” [5] In Led-ford, as here, “[t]he [officer] asked for multiple consents to search. [The defendant] voluntarily consented to each search requested.” [6]

3. Mijares contends that the trial court erred in allowing the detective to testify as to what the confidential informant, who did not testify, told him Mijares said during phone conversations between[*806] the confidential informant and Mijares. Even assuming this to be inadmissible hearsay, however, we hold that it is entirely cumulative of the testimony of the cooperating officer regarding his encounter with Mijares and Mijares’s successive consents to talk, be patted down, and allow removal of the contents of his pocket. [7] Accordingly, any error in the admission of this testimonial evidence was harmless. [8]

Decided December 6, 2001 Sexton & Morris, Ricky W. Morris, Jr., for appellant. Tommy K. Floyd, District Attorney, James L. Wright III, Thomas R. McBerry, Assistant District Attorneys, for appellee.

Judgment affirmed.

Andrews, P. J., and Eldridge, J., concur.
1

See Tate v. State, 264 Ga. 53, 54 (1) (440 SE2d 646) (1994).

7

See Wilbanks v. State, 251 Ga. App. 248, 256-257 (6) (554 SE2d 248) (2001).

3

(Footnote omitted.) Id.

4

(Punctuation and footnote omitted.) Id. at 414 (1) (a).

5

(Footnote omitted.) Id.

6

Id. See also Stovall v. State, 251 Ga. App. 7, 9-10 (1) (553 SE2d 297) (2001) (first-tier encounter where officer approached already-stopped driver, made inquiry, and obtained consents, successively, for pat-down, removal — by driver — of pocket contents, and search of wallet).