Payton v. State

Miller, Judge.

Jonathan Michael Payton was charged with possession of cocaine (OCGA § 16-13-30 (a)), possession of alprazolam (OCGA § 16-13-30 (a)), aggravated assault (OCGA § 16-5-21), simple battery (OCGA § 16-5-23), and possession of less than one ounce of marijuana (OCGA § 16-13-30 (j) (1)). Payton filed a motion to suppress the drugs seized from his bedroom in a warrantless search conducted by police officers *847pursuant to the homeowner’s consent. The trial court denied Payton’s motion, finding that Payton was a guest, not a tenant, in the homeowner’s house and that, as a result, the…