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The Statev.Suzanne Eleanor Kaulbach et al.

CourtCourt of Appeals of Georgia
Docket No.A14A1492
DecidedMarch 27, 2015
Reporter331 Ga. App. 610; 771 S.E.2d 245
JudgesCourt of Appeals of Georgia, Third Division; Presiding Judge Barnes and Judges Boggs and Branch; Presiding Judge Barnes authored the opinion
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureSearch WarrantProbable CauseInevitable DiscoveryMotion to Suppress
Case Summary

The State appealed an order suppressing evidence in the prosecutions of Suzanne Kaulbach and Misty Caudle. After an officer unlawfully entered their property and searched a tackle box, a detective obtained warrants to search the property; the trial court suppressed the tackle box and evidence seized under those warrants as fruits of the unlawful entry. The Court of Appeals held that the detective’s affidavit, excluding the illegal observations, still established probable cause for the warrants based on reports from victims and neighbors and other lawful information. The court also held that the tackle box would inevitably have been discovered because the police investigation of the stolen boat would have led to a lawful search under the warrant. It reversed the suppression order as to both the warrant-seized evidence and the tackle box. Judge Branch concurred, and Judge Boggs concurred in the judgment only.

Opinion

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