Herring v. State, 630 S.E.2d 776 (Ga. Ct. App. 2006). · Go Syfert
Herring v. State, 630 S.E.2d 776 (Ga. Ct. App. 2006). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 2 distinct courts.
Strongest positive: The State v. Rucker (gactapp, 2016-07-12)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (rule) The State v. Rucker (2×) also: Cited "see"
Ga. Ct. App. · 2016 · confidence medium
Herring v. State, 279 Ga. App. 162, 164 ( 630 SE2d 776 ) (2006) (officers were authorized to knock on a defendant’s house door after receiving an anonymous tip of drug activity at a house); see also Pickens v. State, 225 Ga. App. 792, 793 ( 484 SE2d 731 ) (1997) (police officer was authorized to knock on defendant’s door without an articulable suspicion in order to investigate a report of a crime).
discussed Cited as authority (rule) Cupe v. State
Ga. Ct. App. · 2014 · confidence medium
See State v. Tye, 276 Ga. 559, 564 (3) ( 580 SE2d 528 ) (2003) (holding that “questioning [defendant] on his own porch in connection with a murder investigation did not violate his constitutional rights”); Gilreath v. State, 247 Ga. 814, 820 (1) ( 279 SE2d 650 ) (1981) (noting “underlying premise that the officer’s approach to the outside door, even though it be within the curtilage, is unobjectionable”); Herring v. State, 279 Ga. App. 162, 164 ( 630 SE2d 776 ) (2006) (officer engaged in permissible “knock and talk” procedure when he approached and knocked on appellant’s door).…
discussed Cited as authority (rule) Walter Charles Cupe v. State
Ga. Ct. App. · 2014 · confidence medium
See State v. Tye, 276 Ga. 559, 564 (3) ( 580 SE2d 528 ) (2003) (holding that “questioning [defendant] on his own porch in connection with a murder investigation did not violate his constitutional rights”); Gilreath v. State, 247 Ga. 814, 819 (1) ( 279 SE2d 650 ) (1981) (noting “underlying premise that the officer’s approach to the outside door, even though it be within the curtilage, is unobjectionable”); Herring v. State, 279 Ga. App. 162, 164 ( 630 SE2d 776 ) (2006) (officer engaged in permissible “knock and talk” procedure when they approached and knocked on appellant’s door…
discussed Cited as authority (rule) People v. Nelson
Colo. Ct. App. · 2012 · confidence medium
See United States v. Garcia, 997 F.2d 1273, 1280 (9th Cir.1993) (officers posed as potential renters of property, spoke to the defendant through the back patio door, and saw a package of cocaine in plain view; court found that neither the officers' status nor the ruse caused the search to violate the Fourth Amendment); United States v. Leung, 929 F.2d 1204, 1207-08 (7th Cir.1991) (officers asked hotel housekeeper to knock on door and say she was there to clean room, and the suspect answered the door; ruse did not violate privacy interests, as suspect could have chosen not to answer the door); …
discussed Cited as authority (rule) Galindo-Eriza v. State
Ga. Ct. App. · 2010 · confidence medium
Although it is inconsequential to our analysis, we will assume that defense counsel’s and the indictment’s identification of Galindo-Eriza is correct. 7 Glenn v. State, 285 Ga. App. 872, 874 ( 648 SE2d 177 ) (2007). 8 King v. State, 289 Ga. App. 461, 464 (2) ( 657 SE2d 570 ) (2008). 9 Terry v. Ohio, 392 U. S. 1, 21 (III) (88 SC 1868, 20 LE2d 889) (1968). 10 Minor v. State, 298 Ga. App. 391, 394 (1) (a) ( 680 SE2d 459 ) (2009). 11 Herring v. State, 279 Ga. App. 162, 164 ( 630 SE2d 776 ) (2006). 12 Black v. State, 281 Ga. App. 40, 43 (1) ( 635 SE2d 568 ) (2006). 13 Grandberry v. State, 289 G…
cited Cited as authority (rule) Watson v. State
Ga. Ct. App. · 2010 · confidence medium
The officers’ actions up to that point, therefore, were part of “a permissible knock-and-talk procedure. [Cit.]” Herring v. State, 279 Ga. App. 162, 164 ( 630 SE2d 776 ) (2006).
Herring
v.
the State
A06A0264.
Court of Appeals of Georgia.
Apr 20, 2006.
630 S.E.2d 776
Sherwood & Sherwood, H. Burke Sherwood, Gregory, Christy, Maniklal & Dennis, Saleem D. Dennis, Richard A. Wilkes, for appellant., J. David Miller, District Attorney, Cynthia D. Hendrix, Assistant District Attorney, for appellee.
Andrews, Barnes, Bernes.
Cited by 11 opinions  |  Published
ANDREWS, Presiding Judge.

Amy Herring appeals from the judgment entered after she was found guilty at a bench trial of possession of cocaine. Herring claims the trial court erred in denying her motion to suppress because the officers used trickery to enter the residence. After reviewing the record, we conclude there was no reversible error, and affirm.

In ruling on a motion to suppress, the trial court sits as the trier of fact, and the court’s findings are analogous to a jury verdict and will not be disturbed when the record contains any evidence to support those findings. When reviewing a trial court’s ruling on a motion to suppress, the evidence must be construed most favorably toward the court’s findings unless those findings are clearly erroneous. Further, in reviewing the denial of a motion to suppress, we consider all the evidence of record, including evidence introduced at trial.

(Citations and punctuation omitted.) McCray v. State, 268 Ga. App. 84 (601 SE2d 452) (2004).

[*163] Here, the evidence at the hearing and at trial was that officers received an anonymous tip that Burt Craven was having “dope parties” at his house. As two officers were driving by Craven’s house one night, they saw a number of cars outside. The officers decided to conduct a “knock-and-talk” operation. One officer went to the back of the house and the other officer approached from the front. This officer knew Craven, and testified that he was the nervous type who would not come to the door if he saw police officers on his doorstep. The officer also stated that he never stood directly in front of the door for safety reasons. Therefore, instead of walking up to the door and knocking, the officer stood at the bottom of the steps, took a plastic cup, and threw it at the door.

After the officer threw the cup, a man opened the door, looked out, and started walking down the steps. When he saw the officer, who was dressed in a green vest with the word “Sheriff’ in yellow letters across the front and back, he shouted and started “back-peddling” up the stairs. The officer followed behind him and looked in the door, which had been left open. The officer saw a smoked-glass table with a line of white powdery residue and a rolled-up dollar bill. The officer stated that Herring, who had been seated on the sofa, got up and started walking toward the back of the house when she saw him at the door. Upon seeing this evidence of drug use, and concerned that Herring was leaving the room to destroy evidence, the officer entered the house.

The officer stopped Herring from leaving the room and asked her to empty her pockets. Herring pulled’ out a clear plastic bag containing a white powder that was later determined to be cocaine.

The court found Herring guilty of possession of cocaine. This appeal followed.

On appeal, Herring contends that the trial court erred in denying her motion to suppress the cocaine found in her pocket. She claims that officers used a ruse and trickery to gain entrance to the house. The only authority cited by Herring in support of this contention is Saylor v. State, 185 Ga. App. 634 (365 SE2d 493) (1988). In that case, police received an anonymous tip that Saylor had two pounds of marijuana at her house. An officer called Saylor and, without identifying himself, said that the police knew what she had in the house and she should “get that stuff out of there.” Shortly thereafter, Saylor came out of her house carrying two plastic bags of the type commonly used to package marijuana and containing a substance that appeared to be marijuana. Id. Officers stopped her and seized the marijuana from inside her car. This Court held the evidence admissible, stating that deception is prohibited only when used as a means to violate the defendant’s rights. Id.

[*164] Decided April 20, 2006 Reconsideration denied May 3, 2006. Sherwood & Sherwood, H. Burke Sherwood, Gregory, Christy, Maniklal & Dennis, Saleem D. Dennis, Richard A. Wilkes, for appellant. J. David Miller, District Attorney, Cynthia D. Hendrix, Assistant District Attorney, for appellee.

In this case, the officers engaged in a permissible knock-and-talk procedure. See Pickens v. State, 225 Ga. App. 792, 793 (484 SE2d 731) (1997) (officer permitted to knock on Pickens’s door without an articulable suspicion in order to investigate report of a crime). That the officer used a plastic cup to hit the door because he was not standing directly in front of the door for safety reasons and for the preservation of any illegal contraband inside the house, does not turn this into an impermissible encounter. The officer was in plain view at the bottom of the steps and was clearly identified as a member of the Sheriffs Department.

Once the door was opened, the officer walked up the steps and the cocaine was in plain view on the table inside the house. “A police officer may seize what is in plain sight if, as here, he is in a place where he is constitutionally entitled to be.” (Citations and punctuation omitted.) Pickens, supra at 795.

Further, the entry into the home was justified by exigent circumstances; namely, the likelihood that the contraband was in danger of immediate destruction. State v. David, 269 Ga. 533, 536 (501 SE2d 494) (1998) (exigent circumstances justified warrantless entry because it was undisputed that the officer saw what he knew to be a marijuana pipe on the table and saw an occupant of the apartment pick it up and try to conceal it).

Judgment ciffirmed.

Barnes and Bernes, JJ., concur.