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GA: No standing in a motel room defendant was merely present in in the past when he left evidence of a murder

By John Wesley Hall, Jr.

Murder defendant was arrested for a murder and a search of a motel room produced evidence against him. He was not the registered guest in the room, and there was no showing connecting him to the room other than mere presence at some time, not that he was a guest of the registered guest. So, he lacked standing. Evidence of the murder was found in the room. [In any event, there appeared to have been consent.] Smith v. State, 2008 Ga. LEXIS 542 (June 30 2008). Defendant was on probation and he was staying at a house with two others, sleeping on the couch. Police responded to a "concerned citizen's" call about drug activity. One of the people at the house let the police in, and defendant was recognized from a prior arrest and being on probation for drugs...continue to full post

Full post as published by Fourth Amendment on July 04, 2008 (boomark / email).