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Danny Mitchell Bowmanv.The State

CourtCourt of Appeals of Georgia
Docket No.A15A0257
DecidedMay 27, 2015
JudgesCourt of Appeals of Georgia, First Division; Chief Judge Phipps, Presiding Judge Doyle, and Judge Boggs; Judge Boggs authored the opinion
Tags
CriminalCriminal ProcedureFourth AmendmentSearch WarrantProbable CauseWarrantless SearchMotion to SuppressReversal
Case Summary

Police investigating a reported stolen truck approached Danny Bowman’s home in Gordon County, knocked, and saw a battery charger inside when an occupant opened the door. A deputy then went behind the residence without a warrant or consent, saw a truck tailgate and the stolen truck in the backyard, and officers later obtained a warrant and found a methamphetamine lab and other evidence inside the home. The trial court suppressed the truck evidence because the backyard search was unauthorized but denied suppression of the evidence seized from the house. The Court of Appeals of Georgia reversed because the record did not establish probable cause for the warrant. The court held that the initial “knock and talk” was permissible and that the detective’s observation of the charger from the front door could be considered. But the deputy’s warrantless entry into the backyard, which was part of the home’s curtilage, violated the Fourth Amendment and could not provide a basis for probable cause. The remaining question was whether the charger observation alone supported the warrant; the State had the burden to produce the warrant and affidavit or otherwise show the facts presented to the magistrate. Because the State introduced neither document, the appellate court could not determine what information the magistrate received or whether it established a fair probability that evidence would be found in the home. The court therefore reversed the denial of Bowman’s motion to suppress and required suppression of all evidence seized under the warrant.

Opinion

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