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Kenneth Ray Arpv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A0390
DecidedMay 21, 2014
Reporter327 Ga. App. 340, 759 S.E.2d 57
JudgesThird Division: Presiding Judge Barnes, and Judges Boggs and Branch; Branch authored the opinion; Barnes and Boggs concurred
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureWarrantless SearchExigent CircumstancesSearch WarrantMotion to SuppressReversal
Case Summary

Law-enforcement officers went to Kenneth Arp’s home while attempting to arrest Christopher Watson under an arrest warrant. Watson did not live at Arp’s address, was not known to be inside, and was not found there. Without a search warrant or consent, officers entered the backyard and moved to the back door, where they saw a woman carrying what appeared to be marijuana. They entered the home to prevent destruction of the evidence, seized the marijuana, and Arp was convicted of possession and making terroristic threats. The Georgia Court of Appeals held that the backyard and back-door area were part of the home’s protected curtilage. Under Steagald v. United States, an arrest warrant for a person who does not reside in a third party’s home does not authorize entry without a search warrant, consent, or exigent circumstances. The officers’ facts did not establish hot pursuit, an imminent emergency, or another exception; they could have secured the area and sought a warrant. Because the officers were not lawfully positioned when they observed the marijuana, the later entry and seizure were invalid. The Court reversed the suppression ruling and both convictions.

Opinion

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The Far Side
Kenneth Ray Arp v. The State — The Atlanta Gleaner