Land v. State

In Land v. State, 265 Ga. App. 859 (595 SE2d 540) (2004), officers conducting a drug investigation knocked on a suspect's door and identified themselves as law enforcement. Police were aware that the suspect was in the apartment and, when the suspect refused to respond to their knocks, they forced their way into the residence to prevent the destruction of evidence. The suspect later moved to suppress the evidence seized from the apartment, claiming that law enforcement had entered the home illegally. The Court affirmed the trial court's denial of that suppression motion, reasoning that a reasonable officer would have believed that there was a likelihood that the suspect, who knew the officers were at the apartment door but refused to respond to the officers' knocking, would destroy any methamphetamine or other evidence in the apartment. Given the officers' reasonable belief of exigent circumstances, they were justified in making a warrantless entry for the purpose of securing the apartment until a search warrant could be obtained. The trial court therefore did not err in denying the motion to suppress.Id. at 861-862 (1).