ESPINOZA v. STATE

S94G1143.

265 Ga. 171 (1995)

ESPINOZA v. THE STATE.

Supreme Court of Georgia.

Decided March 15, 1995.


Attorney(s) appearing for the Case

Steve T. Woodman, for appellant.

Thomas J. Charron, District Attorney, Debra H. Bernes, Nancy I. Jordan, William M. Clark, Assistant District Attorneys, for appellee.


FLETCHER, Justice.

We granted the writ of certiorari to consider whether the Court of Appeals properly applied the concept of curtilage. We disapprove of the term "common area curtilage," on which the Court of Appeals relied, and reverse on the ground that police officers discovered the evidence within the curtilage of the defendant's apartment for which they did not have a search warrant.

A joint city-county narcotics unit obtained a search warrant for the...

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