State v. Mixon

Mikell, Judge.

The state appeals the trial court’s suppression of evidence discovered during a warrantless “protective sweep” of the home of defendants Donna and John Roscoe Mixon. A “protective sweep” is a limited search of the house primarily to ensure officer safety by detecting the presence of other occupants. Inglett v. State, 239 Ga. App. 524 (521 SE2d 241) (1999). Following the suppression hearing, the court concluded that the warrantless search was unlawful and granted the motion. We affirm the trial court’s ruling.

The evidence adduced at the suppression hearing demonstrated that on…