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STATE v. RANDOLPH

No. S04G0674.

604 S.E.2d 835 (2004)

278 Ga. 614

The STATE v. RANDOLPH.

Supreme Court of Georgia.

November 8, 2004.

Attorney(s) appearing for the Case

Cecilia M. Cooper, District Attorney, Richard E. Thomas, Assistant District Attorney, for appellant.

Collier & Gamble, Wilbur T. Gamble, III, Dawson, for appellee.

BENHAM, Justice.

The Court of Appeals granted an interlocutory appeal to review the trial court's denial of defendant Scott Fitz Randolph's motion to suppress evidence seized from his home in a warrantless search conducted by law enforcement officers pursuant to permission given by Randolph's wife in Randolph's presence after Randolph had refused to give the officers permission to search. The Court of Appeals determined the motion to suppress should have been granted...

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