State v. Betsill

Birdsong, Judge.

The state appeals the grant of appellee’s motion to suppress illegally seized evidence. The sole issue presented is whether the evidence suppressed was seized by an individual acting in a private capacity. If so, the state contends that the Fourth Amendment sanctions prohibiting illegal search and seizure are not applicable, and the trial court erred in granting appellee’s motion to suppress evidence so obtained. Held:

1. The evidence shows that, at the time of seizure, appellee had engaged a night’s lodging for himself and two other parties in a motel in Clayton County.…