· 2/21/2005
Kirsche v. State
Citations
- 611 S.E.2d 64
- 271 Ga. App. 729
- 2005 Fulton County D. Rep. 633
- 2005 Ga. App. LEXIS 150
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing denial of motion to suppress because officers were not authorized to enter home’s curtilage
- generally, plain view doctrine applies regardless of whether the officer expected or suspected that he would discover object seized
- officers investigating domestic complaint could not enter back yard for routine security reasons without consent or exigent circumstances and without first knocking on front door
- officers wrongfully entered back yard where defendant had already responded to knock at front door
- even if officers have probable cause to investigate a crime, without a warrant, exigent circumstances, or proper consent, they may not enter a home or its curtilage
- even if officers have probable cause to investigate a crime, without a warrant, exigent circumstances, or proper consent, they may not enter a home or its curtilage
Source: CourtListener parenthetical corpus (CC0).
Judges: Adams, Bernes, Ruffin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.