Atlanta, GA asked in Criminal Law and Civil Rights for Georgia

Q: Does fourth amendment waiver apply to the garage of a residence if it's not attached to the house?

How does the waiver apply to areas that others are in? And do police have a right to search after an arrest warrant has been executed and person is in handcuffs. Basically me an my boyfriend were in the garage which is a separate building from house. Th police showed up to arrest him on a vop warrant. After he was in the back of the car they searched the garage and found narcotics and charged us both. I'm just wondering if the search was legal because he was in the doorway of garage. He doesn't live in the garage and most of the stuff in the garage was mine so I'm not sure how they had legal right to search the garage. They had no probable cause or reasonable suspicion once he was in handcuffs.

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1 Lawyer Answer
Serge Jerome Jr.
Serge Jerome Jr.
  • Criminal Law Lawyer
  • Atlanta, GA

A: It depends on whether he lives there or not. If he lives there than yes it covers the garage if it is on the same property. If the garage is on a separate property or he does not live at the residence than any search of the garage is illegal and anything found in that garage is considered "Fruits of the poisonous tree" and not admissible

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