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GA: Housing authority director could not consent to apartment entry by police

By John Wesley Hall, Jr.

Housing authority director could not consent to a police entry for "health and safety" reasons, even if the lease permitted it. Bowden v. State, 2010 Ga. App. LEXIS 667 (July 8, 2010): The state nonetheless contends that the director's consent was authorized by the terms of the tenant's lease, which allegedly provided that the director could enter the premises in the event of a threat to the health and safety of the residents or the property. First, we note that a copy of the lease was not tendered into evidence in the trial court and is not contained in the appellate record, so the state has failed to meet its burden on this front. See OCGA § 17-5-30(b); Welchel v. State, 255 Ga. App. 556, 558 (565 SE2d 870) (2002) (the state bears the "heavy burden" of proving circumstances that justify a warrantless entry into a home)...continue to full post

Full post as published by Fourth Amendment on July 12, 2010 (boomark / email).