BLACKWELL, Justice.
Anthony Hargis was tried by a Union County jury, and he was convicted of several crimes relating to the unlawful manufacture of methamphetamine. Following the denial of his motion for new trial, Hargis appealed, asserting seven claims of error, including that the trial judge was disqualified by her receipt of an ex parte communication and, therefore, should have recused, and that the trial court erred when it denied a motion to suppress evidence of a similar transaction. In Hargis v. State, 319 Ga.App. 432, 735 S.E.2d 91 (2012), the Court of Appeals agreed that the trial judge should have recused, it agreed that the motion to suppress should have been granted, and it reversed the judgment of conviction upon these grounds without reaching the other claims of error. On the petition of the State, we granted a writ of certiorari to review the decision of the Court of Appeals, and we now conclude that the Court of Appeals erred
In September 2006, Hargis and Karen Taylor were indicted, and both were charged with a conspiracy to manufacture methamphetamine in a shed behind the home that they shared, criminal attempt to manufacture methamphetamine, and unlawful possession of ephedrine and pseudoephedrine. In addition, Hargis alone was charged with unlawful possession of false identification documents and forgery in the second degree. A trial was set for February 2009, and apparently around that time, Taylor met with her lawyer, Jeanne Davis. Also around that time, Taylor and Davis met with a prosecuting attorney. Unbeknownst to Davis and the prosecuting attorney, Taylor made audio recordings of these meetings with a recorder that Hargis had instructed her to use.
When the day set for trial arrived, Hargis failed to appear, and a bench warrant was issued for his arrest. A few months later, law enforcement officers received an anonymous tip that Hargis — still wanted for his failure to appear — had returned to the residence that he and Taylor previously had shared. Based on this tip, officers went to the residence on July 30, 2009, and although they did not see Hargis at the home, they found a smoldering fire in the back of the home, fresh tire tracks, and a bottle containing an unknown liquid. The officers also spoke with neighbors, who said that Hargis had been "coming and going all day," and who described a beige truck that Hargis was driving. That afternoon, the officers observed a beige truck approach the residence and then suddenly speed away. The officers immediately began to search the area for the beige truck, and they soon found it, along with Hargis.
When the officers apprehended Hargis, they searched the beige truck. There, they found evidence that Hargis still was involved in the manufacture of methamphetamine, evidence that the State later would offer at trial as proof of a subsequent similar transaction. Based in part on the evidence found in the truck, officers also obtained and executed a search warrant for the residence that Hargis and Taylor had shared, and at the residence, they found methamphetamine and additional evidence of the manufacture of methamphetamine. Also in their search of the residence, officers found the audio recordings that Taylor had surreptitiously made of her conversations with Davis and the prosecuting attorney. These audio recordings were the subject of the ex parte communication by which the Court of Appeals found that the trial judge was disqualified, and the evidence that Hargis — even as a fugitive — still was involved in the manufacture of methamphetamine was the subject of the pretrial motion to suppress that, according to the Court of Appeals, the trial court ought to have granted. We turn now to the claims of error upon which the Court of Appeals reversed the judgment of conviction.
1. We begin with the failure of the trial judge to recuse. Before trial, Hargis filed a motion to compel the State to produce the audio recordings, and the trial court set a hearing on his motion. In connection with the hearing, the prosecuting attorney made the recordings available to the trial judge for an in camera inspection. By this time, Davis no longer represented Taylor,
Like the precise content of the ex parte communication, exactly when Hargis learned of it also is unclear. The record shows, however, that Hargis certainly knew of it by June 3, 2011, when he first raised the ex parte communication in an amended motion for new trial, asserting that the trial judge was disqualified by her receipt of the communication, that the trial judge should have recused before trial, and that Hargis, therefore, ought to have a new trial.
When a party learns of grounds for the potential disqualification of the judge, he must promptly move for the recusal of the judge, see Uniform Superior Court Rule 25.1,
Even after Hargis learned of the grounds for the potential disqualification of the trial judge, he apparently decided to take his chances with the same judge on his motion for new trial. That was his choice to make, but he could not do so and still preserve the disqualification issue for review in the appellate courts.
2. We turn now to the motion to suppress, which we will address in three parts.
(a) As we noted earlier, the motion to suppress concerned evidence that was seized in connection with the apprehension of Hargis on July 30, 2009. When officers saw the beige truck approach the residence that Taylor and Hargis had shared and then speed away, they began to search the area for Hargis. Thinking that Hargis might try to cross into North Carolina, one officer began to drive toward the state line. Along the way, he saw the beige truck parked at a convenience store, facing the road with its headlights lit. The officer then saw a man exit the convenience store and enter the truck, sitting in the driver's seat. Before the man drove away, the officer approached the truck, informed the man that law enforcement personnel were looking for the owner of a similar truck, and asked for his identification. The officer had seen Hargis before, and he believed that the man in the truck was, in fact, Hargis, but he wanted to confirm the identity of the man.
The officer then attempted to handcuff the man, but the man became increasingly belligerent and resisted the restraint. Eventually, the officer secured the man in handcuffs, although the man continued to struggle and later had to be put in leg shackles. After the man was secured, the officer reached into the truck, picked up the wallet, and removed the identification cards. One card was a Tennessee driver's license, and it bore a photograph of Hargis, as well as his name. The other card was a forged Georgia driver's license, and it bore a photograph of Hargis, but the name of another. Having definitively identified the man in the truck as Hargis, the officer informed Hargis that he was under arrest, both on the outstanding warrant and for obstruction of a law enforcement officer.
It long has been settled that, as an incident of a lawful arrest, an officer may search the person of the arrestee. See Maryland v. King, ___ U.S. ___(IV)(A), 133 S.Ct. 1958, 186 L.Ed.2d 1 (2013). See also Batton v. State, 260 Ga. 127, 130(3), 391 S.E.2d 914 (1990). By the time the officer in this case directed Hargis to exit the truck, the officer had good reason to believe — based on his personal knowledge of Hargis — that the man in the truck was, in fact, Hargis. And the officer knew that Hargis was wanted on an outstanding warrant. As such, the officer had authority at that point to arrest Hargis on the warrant.
The wallet, of course, was in the seat of the truck by the time that the officer got around to retrieving the identification cards from it. But Hargis had the wallet on his person when he first was approached by the officer, he held it as he interacted with the officer, and he put it in his seat only at or about the time the officer directed him to exit the truck, thereby initiating the arrest. In these circumstances, the wallet can fairly be considered as an effect on the person of the arrestee at the time of the arrest. See 3 W. LaFave, Search and Seizure § 5.5, p. 210 n. 1 (4th ed. 2004) ("[I]f the container was on the defendant's person at the time of arrest but he then removed it from his person and placed it nearby, the search of the container will still likely be treated as justified as part of the search of the person." (Citation omitted)). And as such, the officer could reasonably seize and examine it, especially considering that his purpose for doing so was to more definitively identify Hargis. See Illinois v. Lafayette, 462 U.S. 640, 646(II), 103 S.Ct. 2605, 77 L.Ed.2d 65 (1983) ("[I]nspection of an arrestee's personal property may assist the police in ascertaining or verifying his identity." (Citation omitted)).
(b) An investigator arrived on the scene shortly, and after consulting with the arresting officer, the investigator looked into the truck and observed two plastic pharmacy bags on the passenger seat in plain view. The investigator entered the truck, opened the bags, and found various items commonly used in the manufacture of methamphetamine, including brake cleaner, lighter fluid, and several pharmaceutical products with ephedrine. He then noticed a small, zippered, blue bag in the vicinity of the passenger seat, and he opened it as well. Inside, he found 15 more identification cards, all with the same photograph of Hargis, but each bearing a different name. During this time, Hargis was still present at the scene, although he had been secured in a patrol car. Hargis contends that, even if the arresting officer was justified in seizing the two identification cards from his wallet, the investigator
After the arresting officer retrieved the identification cards from the wallet and saw that the cards both had photographs of Hargis but bore different names, the officer had probable cause to arrest Hargis not only upon the outstanding warrant, but also for unlawful possession of a false, fictitious, fraudulent, or altered identification document. See Brandt v. State, 314 Ga.App. 343, 346-347, 723 S.E.2d 733 (2012) (noting that officers may learn of additional grounds for search or seizure as investigation develops). The investigator also became aware of the two identification cards when he arrived on the scene.
(c) After finding evidence in the truck suggesting that Hargis still was involved in the manufacture of methamphetamine, the officers secured a warrant to search the home that Hargis and Taylor previously had shared. There, they found methamphetamine, other items associated with the manufacture of methamphetamine, and the recordings that were the subject of the ex parte communication. Hargis contends that the officers obtained the search warrant only by virtue of unlawful searches of his wallet and truck, and the items seized at the home are, therefore, "fruits of the poisonous tree." See generally Rashid v. State, 292 Ga. 414, 419(4), 737 S.E.2d 692 (2013). But for reasons we have explained, the searches of the wallet and truck were not unreasonable. Accordingly, the search pursuant to warrant of the home was lawful.
Judgment reversed and case remanded.
THOMPSON, C.J., HINES, P.J., BENHAM, HUNSTEIN, MELTON, JJ., and Judge EMORY L. PALMER concur. NAHMIAS, J., disqualified.
The record indicates, however, that concerns about Hargis were not the only concerns that Davis had when she met privately with the judge. Davis also was concerned that the recordings contained privileged conversations with her client, and she may have been concerned as well that she had been recorded saying unkind things about the prosecuting attorney.