{"id":6244,"date":"2012-02-07T09:21:52","date_gmt":"2011-11-08T07:23:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-08T07:23:46","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6244","title":{"rendered":"GA: Briefcase left in another house was not a waiver of the owner’s expectation of privacy"},"content":{"rendered":"

Defendant\u2019s briefcase was left at somebody else\u2019s house, and defendant did not abandon it and he still had a reasonable expectation of privacy in it. The search of the briefcase was not based on an independent source. Wilder v. State<\/a>, 290 Ga. 13, 717 S.E.2d 457 (2011):<\/p>\n

1. Before examining the merits of the Fourth Amendment issue, we first address the argument that Wilder lacks standing to challenge the seizure of his briefcase because it was obtained from the home of a third party. Stated simply, \u201cthe assertion that [Wilder] is without standing to object to the seizure of his personal belongings is plainly wrong. [Cit.]\u201d Mooney v. State, 243 Ga. 373, 374-375 (1) (254 SE2d 337) (1979) (appellant had standing to challenge seizure of his luggage from third party\u2019s automobile), abrogated on other grounds by Horton v. California, 496 U.S. 128 (110 SC 2301, 110 LE2d 112) (1990). Though lacking standing to challenge a search of Malin\u2019s premises, see, e.g., Brown v. State, 240 Ga. App. 321, 322, n.2 (1) (523 SE2d 333) (1999) (search of premises owned by third party does not implicate defendant\u2019s Fourth Amendment rights), appellant does have standing to contest the seizure of his own personal property from the premises of another. Mooney v. State, supra at 374-375. Compare English v. State, 288 Ga. App. 436 (3) (654 SE2d 150) (2007) (no standing to challenge search of third party\u2019s premises and seizure of stolen vehicle stored there by defendant).<\/p>\n

. . .<\/p>\n

This case presents a different scenario, in that it involves a single search, preceded only by an unlawful seizure, which yielded custody of the item ultimately searched rather than information giving rise to the eventual lawful search. Here, while the information<\/em> on which the search warrant was based derived from a source wholly independent of the initial unlawful seizure, the search itself<\/em> cannot be said to have been conducted independent of the seizure, as it was the seizure that in fact made possible the search that actually occurred. Accordingly, we simply cannot find that the evidence here was \u201cdiscovered by means wholly independent of any constitutional violation.\u201d Teal, supra, 282 Ga. at 323 (2). The Court of Appeals thus erred in affirming the trial court in its application of the independent source doctrine.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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