HERNANDEZ-ESPINO v. STATE

No. A13A1434.

752 S.E.2d 10 (2013)

HERNANDEZ-ESPINO v. The STATE.

Court of Appeals of Georgia.

November 19, 2013.


Attorney(s) appearing for the Case

Stephen Michael Reba , for Appellant.

Lee Darragh , Jennifer C. Bagwell , for Appellee.


McFADDEN, Judge.

We granted Jose Herminio Hernandez-Espino's application for interlocutory review of the trial court's denial of his motion to suppress crack cocaine found in his pocket during a search to which he consented. We agree with Hernandez-Espino that his consent to the search was tainted because it occurred during an unlawful second-tier encounter with law enforcement officers. Accordingly, we reverse.

"[T]he burden of proving a search was lawful...

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