PRESTON v. STATE

No. A08A2063.

675 S.E.2d 553 (2009)

PRESTON v. The STATE.

Court of Appeals of Georgia.

March 16, 2009.


Attorney(s) appearing for the Case

Kelley A. Dial, Cartersville, for appellant.

T. Joseph Campbell, Dist. Atty., Mickey R. Thacker, Asst. Dist. Atty., for appellee.


PHIPPS, Judge.

This appeal concerns the Fourth Amendment's protection against unreasonable searches when consent to a warrantless search of a residence is given by an occupant other than the defendant. Specifically, we consider whether consent given by an occupant, who is not present at the search, authorizes a search when a co-occupant meets the law enforcement officers at the door and is placed under arrest for an unrelated offense, is not asked to consent to the...

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