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Timothy Omar Lewisv.The State

CourtCourt of Appeals of Georgia
Docket No.A20A1704
DecidedFebruary 22, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureWarrantless SearchExigent CircumstancesMotion to SuppressReversal
Case Summary

Police observed Timothy Lewis handling suspected drugs from an abandoned neighboring property, entered the curtilage of his home without a warrant, and seized scales and bags after officers saw him move them. A jury convicted Lewis of drug and tool-possession offenses, and the trial court denied his motion to suppress. The Court of Appeals of Georgia held that the officers could use the neighboring property as a lawful vantage point, but the plain-view doctrine did not itself authorize entry onto Lewis’s curtilage. The State failed to show an objectively reasonable risk that the evidence would be destroyed before a warrant could be obtained; officers had secured the scene and could have sought a warrant. Because the seized evidence supported the convictions, the court reversed Lewis’s convictions.

Opinion

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Timothy Omar Lewis V. The State — The Atlanta Gleaner