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Davis v. State

422 S.E.2d 546 (1992)

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Davis v. State

Georgia Supreme Court

422 S.E.2d 546 (1992)

Facts

Darrin Davis was a 10-year-old boy who routinely was home alone after school. Darrin had a key to the house but was not allowed to invite anyone into the house or to play outside while home alone. Darrin’s mother had instructed Darrin to call 911 if he ever needed help in an emergency. One day Darrin found drugs in the bedroom belonging to his mother and stepfather, Freddie Ray Davis (defendant). Based on information from drug-abuse-prevention programs at school, Darrin called 911 about the drugs, attempting to get help for his parents. When a police officer arrived at the house, Darrin brought her into the house and into his parents’ bedroom, where he showed her white powder and a razor blade on a mirror and a bag of marijuana and rolling papers. The officer took the drugs to her patrol car and waited with Darrin outside the house until Darrin’s mother came home. When Darrin’s mother arrived, she consented to a search of her handbag, which contained additional drugs, and was arrested. Darrin’s mother and Davis refused to give consent to search their home, however. Davis was arrested and charged with drug-related crimes. The trial court refused to suppress the evidence seized in the home. Davis was convicted and appealed. The court of appeals affirmed the conviction, and the Georgia Supreme Court granted certiorari on the issue of whether the consent to search given by Darrin was valid.

Rule of Law

Issue

Holding and Reasoning (Sears-Collins, J.)

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