Therefore, the trial court erred in refusing to suppress the evidence obtained as a result of the illegal search and seizure. 204 Ga. App. 639 ( 420 SE2d 91) (1992). Id. at 641 (1).
With the reasonable possibility that a fugitive was present in the home, the officers were entitled to make safe any weapon discovered during their legitimate execution of Downey's arrest warrant "to eliminate the possibility that it could be used against them." Latimer v. State, 204 Ga. App. 639, 641 (1) ( 420 S.E.2d 91) (1992); Dennis v. State, 166 Ga. App. 715, 717 ( 305 S.E.2d 443) (1983). The trial court did not err in denying Downey's motion to suppress.
However, it is equally evident that they did have probable cause to believe that he had discharged a firearm in public, in violation of Ga. Code § 16-11-103 ("A person is guilty of a misdemeanor when, without legal justification, he discharges a gun or pistol on or within 50 yards of a public highway or street.") and Atlanta City Code § 106-301 ("Shooting any firearms in the city, unless in a licensed shooting gallery or by permission of the council on military parades, is prohibited."). See Latimer v. State, 204 Ga. App. 639, 640-41, 420 S.E.2d 91, 93 (1992) (holding that the arresting officers had probable cause to believe that the defendant had violated section 16-11-103 where they had received complaints of gunshots, loud music being played and a chainsaw being operated at an apartment complex and, after being invited into the defendant's apartment, saw a firearm in plain view); see also United States v. Arcobasso, 882 F.2d 1304, 1306 (8th Cir. 1989) (holding that there was probable cause to arrest the defendant for knowingly shooting into a dwelling where the officer responded to a report of gunshots and saw the defendant "dry-firing" a gun); Daniels v. Downing, 2003 WL 252114 (D.Minn. Jan. 30, 2003) (holding that there was probable cause to arrest an individual for violating Minneapolis's ordinance prohibiting the taking of a substantial step toward firing a weapon where the individual was seen pointing what turned out to be a BB gun at a house); United States v. Scott, 220 F.Supp.2d 426, 429 (E.D.Pa. 2002) (holding that probable cau