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The Statev.Michael Shaun Wright

CourtCourt of Appeals of Georgia
Docket No.A17A1780
DecidedMarch 2, 2018
Reporter301 Ga. 563
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureStandingMotion to SuppressReversal
Case Summary

Police searched an apartment and found drugs and firearms, leading to charges against Michael Shaun Wright. The trial court granted Wright’s motion to suppress after concluding that the search was not supported by valid consent and that Wright had standing to challenge it. The State appealed. The Georgia Court of Appeals held that Wright had not shown any ownership, residence, or other connection to the apartment that created a reasonable expectation of privacy. The record instead showed that Wright consented to the search, and he was not objecting to a search authorized by someone else whose authority was disputed. Because a defendant must establish standing before challenging a search, the trial court erred in reaching the merits and suppressing the evidence. The court reversed the suppression order and held the State’s remaining arguments moot.

Opinion

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