The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Statev.Wood

CourtCourt of Appeals of Georgia
Docket No.A22A1453
DecidedFebruary 28, 2023
Reporter367 Ga. App. 10; 884 S.E.2d 596; 2023 Ga. App. LEXIS 101; 2023 WL 2254052
JudgesMCFADDEN, Presiding Judge. Gobeil and Land, JJ., concur.
Tags
CriminalFourth AmendmentExigent CircumstancesMedical EmergencyWarrantless ReentryInevitable DiscoveryHotel Room Search
Case Summary

After Amber Carter called 911 about Garrett Wood’s suspected overdose, police entered their hotel room to aid him. Once paramedics took Wood away, an officer reentered and questioned Carter; officers then opened containers and bags, found suspected methamphetamine and equipment, and arrested Carter. Drug-task-force agents later obtained a warrant, and Wood and Carter were charged with trafficking and other drug offenses. The trial court suppressed the evidence. The Court of Appeals affirmed. The initial emergency-aid entry was lawful, but that justification ended when paramedics assumed care and removed Wood; officers had no consent or other exigency for the later reentry and searches. The State could not rely on danger from suspected meth-lab items discovered during the unlawful search, particularly where no active lab existed. The later warrant did not establish inevitable discovery because the State showed no officers were actively pursuing a warrant before the unlawful searches began. The court also declined to decide whether Georgia’s drug-overdose immunity law covered the charged offenses because the trial court had made no immunity ruling for review.

Opinion

Loading published copy…

The Far Side