Consent Searches of Residences

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Legal and Liability Risk Management Institute on 2/23/2021 by Brian S. Batterton, J.D.

On February 24, 2020, the Court of Appeals of Georgia decided Montgomery v. State, which serves as an excellent review regarding the law related to consent searches of residences.  The relevant facts of Montgomery, taken directly from the case, are as follows:

[T]he evidence shows that Montgomery has multiple prior felony drug convictions, including sale of cocaine in 1992 and 1993, multiple counts of sale of cocaine and other offenses in 1999, and possession of cocaine with intent to distribute and sale of marijuana in 2010. In 2017, while Montgomery was on parole and probation, police received multiple complaints and a tip from a confidential informant that Montgomery was selling methamphetamine and marijuana from a house in Summerville, Georgia.