Hatcher v. State , 141 Ga. App. 756 ( 1977 )

McMurray, Judge.

Defendant was indicted for burglary of a hotel room. He was sentenced to serve 20 years. The sole complaint involves the motion to suppress the evidence and the allowance of this evidence to be used against him on the trial.

A burglary had occurred at the hotel, and in investigating same, the officers’ information centered on the occupant in a hotel room. The articles reported as stolen were observed in plain view in the room when the defendant opened the door in response to the officer’s knock. The defendant then made an admission that he had just purchased the goods from another person in the hotel for $10. The defendant invited the officers into the room and the goods were in plain view when the officers entered the room. The guest from whom the articles (portable television set, suitcase and coat) had been stolen was called and identified those items. The defendant was then arrested.

The evidence sought to be suppressed consists of the stolen goods which were found in the defendant’s own room.

While the officers were not absolutely certain the defendant was the culprit, and their attempt to locate him had centered on this hotel room, nevertheless, it could have amounted to hot pursuit or a legitimate inquiry of the hotel guest. See in this connection Brooks v. State, 129 Ga. App. 393 (199 SE2d 578), which is somewhat similar both as to the facts and law. When the door was opened, the alleged stolen articles were observed in the room. There was no search here as was the case in Harris v. United States, 390 U. S. 234 (88 SC 992, 19 LE2d 1067); Frazier v. Capp, 394 U. S. 731, 732 (4) (89 SC 1420, 22 LE2d 684); Ker v. California, 374 U. S. 23, 43 (83 SC 1623, 10 LE2d 726); in which the plain view doctrine is discussed.

Argued September 8, 1976 Decided March 18, 1977 Rehearing denied March 31, 1977 J. Robert Daniel, for appellant. Fred M. Hasty, District Attorney, W. Donald Thompson, Walker P. Johnson, Jr., Assistant District Attorneys, for appellee.

There was no illegal search and seizure as the officers were authorized to be where they were when they observed the stolen goods. The trial judge as a finder of fact on the motion to suppress was authorized to resolve any conflicts and find that the stolen goods were properly observed when the defendant voluntarily opened the door. Brand v. State, 129 Ga. App. 747, 749 (201 SE2d 180); Brooks v. State, 129 Ga. App. 393 (2), supra.

Judgment affirmed.

Bell, C. J., Been, P. J., Marshall and Shulman, JJ., concur. Quillian, P. J., Webb, and Smith, JJ., dissent.