Legal Opinion · Dissent

Curry v. State

Court of Appeals of Georgia

Decided March 30, 2011No. A10A2212Published

1DissentBarnes, Presiding Judge

There is no evidence in the record whatsoever that Patricia Curry, who stood accused of a crime by the State but remained innocent until proven guilty, was advised of and personally agreed to a waiver of her Fourth Amendment rights as a special condition of her bond. Surely it is not the law in our State that the mere signature of an accused’s counsel on a special conditions of bond form, standing alone, is sufficient to waive the accused’s Fourth Amendment rights. Something more should be required in cases involving fundamental constitutional rights that are personal to the accused, and, in…

2Cases cited25 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. Rakas v. IllinoisSupreme Court of the United States · 1979
  3. Illinois v. RodriguezSupreme Court of the United States · 1990
  4. Stoner v. CaliforniaSupreme Court of the United States · 1964
  5. Harris v. United StatesSupreme Court of the United States · 1947

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