State v. Brown

Accepting the facts as set out in the majority opinion, I do not believe Brown had standing to contest the officer’s entry into and search of the apartment and, therefore, I respectfully dissent.

There is no dispute that the apartment which Brown entered was that of Ms. J. Tabb who resided there with her children and boyfriend. Brown dated Ms. Tabb’s sister and had permission to be in the apartment. This, however, does not bestow the requisite standing for purposes of asserting violation of federal Fourth Amendment rights and similar rights under the Georgia Constitution.

At most, Brown was a…