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Starks v. State10/13/1999
Roosevelt Starks was indicted by a Barrow County Grand Jury on two counts of selling cocaine. After the denial of his motion to suppress evidence seized in a search of his home pursuant to a warrant, he was tried by a jury. At the Conclusion of the State's evidence, the trial court directed a verdict of acquittal on Count 1. The jury found Starks guilty of Count 2. His motion for new trial was denied, and he appeals, raising five enumerations of error. We find no merit in any of Starks's contentions, and we affirm the judgment.
Construed to support the jury's verdict, the evidence presented at trial showed that in early June 1997, the Piedmont Northern Multi-Agency Narcotics Squad (MANS) Unit received information from an informant, John Wall, that he had purchased cocaine from Starks. Wall informed the squad that he was a cocaine addict trying to kick the habit, that Starks "was supplying a lot of people on the streets with cocaine," and that he wanted to help the squad get Starks off the street. He also wished to be paid for his help. The officers agreed to work with Wall, and Wall made two controlled buys from Starks. Wall was paid $120 for his services.Investigator Jimmy Purvis, who was assigned to the MANS Unit at the time, testified that for the first buy, he, Wall, and another officer met at a neutral location. Wall and his car were searched to ensure that he had not brought any controlled substances or weapons, and Wall was given $150 and a pocket cassette recorder. After being given instructions, Wall left to purchase the drugs. Law enforcement agents in one unmarked car followed him, another unmarked car stayed a short distance away for backup, and Purvis followed the buy in a helicopter. He kept Wall within sight and observed him drive to the buy location, stay there for five or ten minutes, and leave. Wall returned and gave Purvis the crack cocaine he had purchased, along with $10 he had not spent. Wall and his car were again searched and no drugs or money were found. Unfortunately, the tape recorder had not functioned because Wall accidentally pressed the wrong button.
Several days later, Wall met with the officers again to make a second controlled buy. Wall and his car were again searched, and he was given $60 in $20 bills to make the purchase. This time, however, the bills were photocopied before giving them to Wall. Wall was again followed to the location. When he arrived at Starks's home, Starks was sitting on the porch with his family. Wall bought $60 worth of crack cocaine, and he left. He was followed by the two unmarked cars and after turning over the drugs, again he and his car were searched and he was paid. This time, Wall's cassette recorder worked, and the transaction was captured on the recording.
Purvis then obtained a no-knock search warrant for Starks's residence. The warrant was executed, and officers found $378 in cash, including the three photocopied bills that were given to Wall, which were found in the pocket of a pair of pants in Starks's bedroom. No drugs were found, but the officers found several weapons. Starks was arrested, and when given the opportunity to dress, he chose the pants in which the photocopied bills were found, which also contained identification belonging to him.
The substance purchased by Wall tested positive for cocaine. The State also introduced evidence of a 1988 transaction in which Starks made several sales of cocaine from his home and pled guilty to the crime. Wall identified Starks at trial as the person from whom he bought cocaine.
1. Starks contends the trial court erred in denying his motion to suppress the three photocopied bills seized in the search of his home. He asserts two bases for s
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