State v. Sims

Smith, Judge.

Travis K. Sims was indicted on one count of criminal damage to property in the second degree, OCGA § 16-7-23 (a), for damaging the grounds of Pickens County High School with a “four-wheeler” off-road vehicle. The trial court granted Sims’s motion to suppress his noncustodial statement, and the State appeals pursuant to OCGA § 5-7-1 (a) (4). We agree with the trial court that the police officers unlawfully entered Sims’s residence without probable cause or exigent circumstances, and therefore we affirm.

When reviewing a ruling on a suppression motion, the evidence must be construed…