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