Legal Opinion · Dissent

Johnson v. State

Court of Appeals of Georgia

Decided July 16, 2008No. A08A0473Published

1DissentRuffin, Presiding Judge

Because I believe that the majority is disregarding Supreme Court precedent, I dissent.

As both this court and the United States Supreme Court have made clear, “[o]ccupied motel rooms are afforded the same considerations under the Fourth Amendment as private homes.”7 Thus, law enforcement cannot search a motel guest’s room, even with the consent of motel management, absent a warrant or exigent circumstances.8 Here, the trial court found that Officer Ford went to Johnson’s motel room at the request of the desk clerk while she evicted Johnson, which she was authorized to do.9 And, while *755standing…

2Cases cited19 opinions

  1. Horton v. CaliforniaSupreme Court of the United States · 1990
  2. Hoffa v. United StatesSupreme Court of the United States · 1966
  3. Welsh v. WisconsinSupreme Court of the United States · 1984
  4. Stoner v. CaliforniaSupreme Court of the United States · 1964
  5. Teal v. StateSupreme Court of Georgia · 2007

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