Timothy Omar Lewisv.The State
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.
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