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Registe v. State
292 Ga. 154
| Ga. | 2012
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Background

  • Registe is indicted for the July 20, 2007 double homicide of two men.
  • Police traced a target phone to Kareem Penn, an alias of Registe, via Cricket Communications.
  • Cricket identified the account owner after the police provided the phone number and emergency context.
  • Cold calls and hotel/photo identifications linked Registe to the shootings; arrest warrant issued July 22, 2007.
  • A search warrant at a Registe-linked apartment yielded a gun and the implicated phone.
  • Cricket records production was court-ordered on Sept. 19, 2007; Registe moved to suppress on Jan. 7, 2011; motion denied.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Standing to challenge disclosure Registe lacks standing to challenge another's records. Records are owned by the provider; defendant has no Fourth Amendment interest. Registe lacks standing; suppression not warranted on standing grounds.
Compliance with statutory provisions Release did not comply with OCGA 16-11-66.1 or 18 USC 2702. Disclosure complied with state and federal statutes in good faith. Disclosure satisfied applicable statutes; no suppression required.
Remedy of suppression under state/federal law Suppression should follow violations of state law preventing admissibility. No suppression remedy available for voluntary disclosures under state law; federal remedies apply to providers, not suppression. Suppression not available; voluntary disclosure festers no suppression remedy.
Scope of review and outcome N/A Trial court ruling correct on the evidence suppression issue. Appellate review upholds denial; judgment affirmed.

Key Cases Cited

  • Kesler v. State, 249 Ga. 462 (1982) (service provider records ownership; no standing to challenge release)
  • Barrett v. State, 289 Ga. 197 (2011) (standard for reviewing suppression rulings; de novo review of undisputed facts)
  • Fincher v. State, 276 Ga. 480 (2003) (upholding suppression rulings if correct for any reason)
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Case Details

Case Name: Registe v. State
Court Name: Supreme Court of Georgia
Date Published: Nov 5, 2012
Citation: 292 Ga. 154
Docket Number: S12A1190
Court Abbreviation: Ga.