State v. Colvard
296 Ga. 381
Ga.2015Background
- Colvard was indicted by a Fulton County grand jury on 13 counts, including murder and related offenses for the January 24, 2012 shooting of Robert Davis.
- Colvard moved to suppress physical evidence obtained from a warrantless search of the bedroom in his uncle's Atlanta apartment, and orally moved to suppress his resulting confession.
- A suppression hearing was held July 30, 2013 with Uncle and two officers testifying about the search.
- The superior court suppressed the physical evidence, finding no valid third-party consent by Uncle to search the locked bedroom.
- The court also suppressed Colvard’s confession as fruit of the poisonous tree, due to the unlawful search, and the State appealed the rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Third-party consent validity for the warrantless search | Colvard (State) | Colvard | No valid third-party consent; suppression affirmed. |
| Exclusion of the confession as fruit of the unlawful search | State | Confession admissible; search valid via Uncle's consent | Confession suppressed as fruit of the poisonous tree. |
Key Cases Cited
- Tidwell v. State, 285 Ga. 103, 674 S.E.2d 272 (2009) (common authority and third-party consent standard)
- United States v. Matlock, 415 U.S. 164 (1974) (standard for third-party consent in privacy expectations)
- Illinois v. Rodriguez, 497 U.S. 177 (1990) (objective reasonableness of third-party authority)
- Teal v. State, 282 Ga. 319, 647 S.E.2d 15 (2007) (exclusionary rule doctrines and fruit of the poisonous tree)
- Wong Sun v. United States, 371 U.S. 471 (1963) (inevitable discovery/attenuation concepts)