Legal Opinion

State v. McCarthy

Court of Appeals of Georgia

Decided November 15, 2007No. A07A1049PublishedCited by 12 opinions

1Opinion of the Court

Barnes, Chief Judge.

The State appeals from the trial court’s order granting Mark McCarthy’s motion to suppress evidence gathered in connection with a warrantless search of his bag, arguing that the search was legal (1) as incident to the arrest of either McCarthy or Lia Puckett, a co-defendant, (2) because McCarthy had no expectation of privacy and no standing to challenge the search, and (3) as an inventory search. For reasons that follow, we affirm the trial court’s grant of the motion to suppress.

In reviewing a trial court’s grant of a motion to suppress, we construe the evidence most…

2Cases cited13 opinions

  1. Vansant v. StateSupreme Court of Georgia · 1994
  2. Mooney v. StateSupreme Court of Georgia · 1979
  3. Childers v. StateCourt of Appeals of Georgia · 1981
  4. City of Dalton v. SmithCourt of Appeals of Georgia · 1993
  5. Hayes v. StateCourt of Appeals of Georgia · 1977

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

3Cited by12 opinions

  1. Brown v. StateSupreme Court of Georgia · 2010
  2. The State v. Walker.Court of Appeals of Georgia · 2019
  3. State v. KuhnhausenCourt of Appeals of Georgia · 2008
  4. State v. ParrishCourt of Appeals of Georgia · 2010
  5. McCormack v. StateCourt of Appeals of Georgia · 2013

7 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