Jones v. State

Full title: JONES et al. v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 17, 1991

402 S.E.2d 522 (Ga. Ct. App. 1991)

402 S.E.2d 522

Opinion

A90A1898.

DECIDED JANUARY 17, 1991. REHEARING DENIED FEBRUARY 20, 1991.

Drug violation. Clarke Superior Court. Before Judge Barrow.

Cook, Noell, Tolley Aldridge, Edward D. Tolley, for appellants.

Harry N. Gordon, District Attorney, Gerald W. Brown, Assistant District Attorney, for appellee.

McMURRAY, Presiding Judge.

Defendants were convicted of violating the Georgia Controlled Substances Act. They appeal, enumerating error upon the trial court's denial of their motion to suppress evidence.

Sergeant Donald E. Cowart, a University of Georgia campus police officer, obtained a search warrant to search the premises of a private residence located within 500 yards of the campus. Accompanied by two other University campus police officers and four Athens Police Department officers, Sergeant Cowart searched the premises. Contraband was found and seized, leading to defendants' arrests.

In the recent whole court decision rendered in State v. Harber, 198 Ga. App. 170 ( 401 S.E.2d 57) (1990), and followed in the whole court case of Willingham v. State, 198 Ga. App. 178 ( 401 S.E.2d 63) (1990), this Court upheld the validity of a warrant executed by University of Georgia campus police more than 500 yards from the campus. A fortiori, a warrant executed by a University campus police officer within 500 yards of the campus must be deemed valid. The trial court did not err in denying defendants' motions to suppress evidence.

Judgment affirmed. Sognier, C. J., and Carley, J., concur.

McMURRAY, Presiding Judge.

DECIDED JANUARY 17, 1991 — REHEARING DENIED FEBRUARY 20, 1991 — CERT. APPLIED FOR.