Legal Opinion

State v. Menezes

Court of Appeals of Georgia

Decided July 3, 2007No. A07A0768PublishedCited by 19 opinions

1Opinion of the Court

Ellington, Judge.

Roberto Menezes stands accused in the Superior Court of Cobb County of possession of cocaine, OCGA §§ 16-13-26 (1) (D); 16-13-30 (a). Menezes moved to exclude evidence seized as a result of a search of the car in which he had been a passenger. After concluding that the State failed to meet its burden of proof regarding the driver’s consent to search the vehicle, the trial court granted the motion. The State appeals pursuant to OCGA § 5-7-1 (a) (4). For the following reasons, we reverse the trial court’s ruling.

Because the trial court sits as the trier of fact when ruling on a…

2Cases cited16 opinions

  1. Rakas v. IllinoisSupreme Court of the United States · 1979
  2. Adams v. WilliamsSupreme Court of the United States · 1972
  3. Michigan v. LongSupreme Court of the United States · 1983
  4. Schofield v. HolseySupreme Court of Georgia · 2007
  5. Anderson v. StateCourt of Appeals of Georgia · 1970

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Young v. StateCourt of Appeals of Georgia · 2011
  2. Hammont v. StateCourt of Appeals of Georgia · 2011
  3. Martinez v. StateCourt of Appeals of Georgia · 2010
  4. Cuaresma v. StateCourt of Appeals of Georgia · 2008
  5. Horne v. StateCourt of Appeals of Georgia · 2012

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API