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Charlette Zeigler Coreyv.The State

CourtCourt of Appeals of Georgia
Docket No.A12A2365
DecidedMarch 13, 2013
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureWarrantless SearchProbable CauseExigent CircumstancesMotion to SuppressMirandaReversal
Case Summary

Charlette Zeigler Corey was charged with driving under the influence and related traffic offenses after a Cobb County officer followed a report of erratic driving to her home. Without a warrant or consent, the officer walked into Corey’s attached garage, questioned her, prevented her from going inside, conducted field-sobriety tests, and arrested her there. The Georgia Court of Appeals held that the garage received the full Fourth Amendment protection of the home or its curtilage. The officer’s information could support suspicion, but it did not establish a lawful basis for a warrantless entry: any probable cause and claimed public-safety emergency were insufficient, and the State failed to prove voluntary consent. Corey’s continued conversation after the entry was not consent because it was tainted by the officer’s unlawful presence and restraint. The court therefore required suppression of the evidence gathered in the garage. It also held that incriminating statements made after Corey’s arrest could not be introduced because she had not received Miranda warnings, while declining to decide whether earlier statements required suppression. The trial court’s denial of the suppression motion was reversed. The decision treats an attached garage as a protected residential space and rejects passive acquiescence as a substitute for consent.

Opinion

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