GA: In responding to 911 call of a loud party where homeowners weren’t present, entry into backyard violated curtilage

Police received a report of a party going on at a house, and they walked to the back of the house where it was. There were many people on a deck, and they suspected from a radio call that the homeowners weren’t home and didn’t authorize it. They did not, however, stop at the door to inquire. The entry into the backyard was without a warrant or exigency was unreasonable. The smell of marijuana coming from defendant’s backpack led to its search and it is suppressed. Wiggins v. State, 2018 Ga. App. LEXIS 445 (June 28, 2018).

The officer provided foundation for admission of the things seized under the search warrant. United States v. Petersen, 2018 U.S. App. LEXIS 17888 (3d Cir. June 29, 2018).*

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