Corey v. State
320 Ga. App. 350
Ga. Ct. App.2013Background
- Corey was charged with DUI, failure to maintain lane, lack of proof of insurance, and driving with a suspended registration; she moved to suppress the DUI evidence as unlawfully obtained.
- The trial court denied the suppression motion but granted an immediate-review certificate; this Court granted interlocutory appeal and reversed the denial.
- Officer Geuze entered Corey’s garage without a warrant or consent after learning from an off-duty officer that Corey drove erratically and could be intoxicated.
- The garage was found to be part of the home or its protected curtilage, thus Fourth Amendment protections applied to the entry and any resulting evidence.
- The entry was not justified by exigent circumstances or proper consent; the entry tainted later conversations and evidence, necessitating suppression of garage-derived evidence and potentially related statements.
- Miranda implications were not reached for suppression because the garage evidence was suppressed; Corey was not given Miranda warnings prior to arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Geuze’s entry into the garage violated the Fourth Amendment | Corey | Corey | Unlawful entry; garage protected |
| Whether Corey impliedly consented to Geuze entering the garage | Corey | Corey | No valid consent; entry tainted |
| Whether evidence obtained in the garage must be suppressed | State | Corey | Evidence suppressed (taint from illegal entry) |
| Whether Miranda warnings were required for statements made before arrest | Corey | Corey | Not reached due to suppression; statements after arrest would require suppression |
Key Cases Cited
- Payton v. New York, 445 U.S. 573 (1980) (home-entry Fourth Amendment protection; warrant/consent required)
- Oliver v. United States, 466 U.S. 170 (1984) (open fields doctrine; curtilage protection)
- Dunn v. United States, 480 U.S. 294 (1987) (curtilage factors for determining protection)
- Threatt v. State, 240 Ga. App. 592 (1999) (probable cause vs. exigent circumstances for entry)
- Jourdan v. State, 264 Ga. App. 118 (2003) (mere acquiescence cannot substitute for free consent)
- Liles v. State, 311 Ga. App. 355 (2011) (consent to search scrutinized under totality of circumstances)
- Pledger v. State, 257 Ga. App. 794 (2002) (consent issues and attenuation concept)
- Shephard v. State, 248 Ga. App. 433 (2001) (suppression when entry precedes arrest; taint analysis)
- Coffin v. Brandan, 642 F.3d 999 (11th Cir. 2011) (garage/curtilage treatment; Fourth Amendment considerations)