GA grants review of geofence and GFE case

Georgia has granted review of a geofence warrant case, including whether its prior case law holding the good faith exception was limited should be overruled. Jones v. State, 2024 Ga. LEXIS 110 (May 9, 2024)*:

Upon consideration of the application for interlocutory appeal filed in the above-styled case, the application is hereby granted. The Court is particularly concerned with the following:

  1. Was obtaining geofence information from the third party in this case a “search” subject to the warrant requirements found in either the Georgia Constitution or the United States Constitution? See Ga. Const. of 1983, Art. I, Sec. I, Par. XIII; U.S. Const. Amend. IV.
  2. Did the trial court properly deny the motion to suppress evidence seized as a result of the execution of the geofence warrant obtained on March 18, 2019, or the warrant obtained on April 10, 2020?
  3. If the geofence warrant or the warrant obtained on April 10, 2020, were invalid, or are assumed to be invalid, should this Court overrule Gary v. State, 262 Ga. 573 (422 SE2d 426) (1992) (holding that OCGA § 17-5-30 created a Georgia statutory exclusionary rule that did not contain the good faith exception to the federal exclusionary rule recognized in United States v. Leon, 468 U.S. 897 (104 SCt. 3405, 82 LEd2d 677) (1984)). See Ledbetter v. State, 318 Ga. 457, 2024 WL 923930, at *16-17 (March 5, 2024) (Peterson, P.J., concurring, joined by Boggs, C.J., and LaGrua, J.) (arguing that Gary should be overruled); (Bethel, J, concurring, joined by Warren, McMillian, and Pinson, JJ) (recognizing Gary’s “imperiled and untenable position in our law”).

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