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156 Ga. App. 258

274 S.E.2d 595

Giddens v. State

Court of Appeals of Georgia

Decided October 10, 1980

Court of Appeals of Georgia · decided 1980-10-10

Cited by 25 later decisions — most recently June 1992 · most notably United States v. Oliver (1982), 185 Ga. App. 519 - Hardman v. Hardman (1988)

3 federal appellate · 20 state decisions

Relies on Katz v. United States · 149 Ga. App. 291 - Hardwick v. State · 150 Ga. App. 686 - Buday v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-10-10

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Carley, Judge,

¶1dissenting in part.

¶2I think that the key to the proper decision in this case is a determination of whether or not as to a particular area or enclosure the defendant had a reasonable expectation of privacy. As Judge Smith states in his dissent, “the Fourth Amendment protects people, not places.” Katz v. United States, 389 U. S. 347, 351 (88 SC 507, 19 LE2d 576) (1967). Nevertheless, I agree with the majority’s application of controlling precedent to hold that in this case the *265defendant had no such reasonable expectation of privacy as to the “open field.” However, I agree with Judge Banke’s separate dissent to the effect that the storage building was a structure in which the defendant had the necessary expectation of privacy so that the protection of the Fourth Amendment applied. Thus, while I concur in the majority’s affirmance of the trial court’s denial of the motion to suppress as to the evidence found in the “open field,” I would reverse as to the denial of the motion with respect to the material found in the storage shed. See Hardwick v. State, 149 Ga. App. 291 (254 SE2d 384) (1979), and Buday v. State, 150 Ga. App. 686 (258 SE2d 318) (1979).

¶3I am authorized to state that Presiding Judge Quillian joins in this dissent.

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