Court Opinions

Fox v. State
Georgia Court of Appeals, Criminal Case (5/10/2000, 6/30/2000) A98A0937

CRIMINAL PRACTICE: Search & Seizure, Plea Bargain

Alert: The Court of Appeals adopted the Supreme Court's judgment that the defendant's waiver of his right against unreasonable searches and seizures as a special condition of probation was invalid, since it was not part of his plea bargain agreement and a parole officer told him of the condition outside the presence of his attorney and the trial court.

Subject Matter Index: Remittitur.

Headnote: In Fox v. State, S99G0591 (3/6/00), 00 FCDR 974 (3/17/00), the Supreme Court reversed David Fox's convictions for marijuana possession with intent to distribute and a firearms offense, holding that the trial court erred in admitting the evidence seized from Fox's residence without a warrant because the waiver of Fox's Fourth Amendment rights as a special condition of his probation on a prior conviction was invalid. Thus, the deputy sheriff had no authority to conduct the warrantless search. Accordingly, the Court of Appeals has vacated its decision in Fox v. State, 235 Ga. App. 714 (1998), and adopted the judgment of the Supreme Court as its own.

Text: Blackburn, G. Alan, Chief Judge

In Fox v. State, 235 Ga. App. 714 (509 SE2d 75) (1998), we affirmed the trial court's denial of Fox's motion to suppress evidence found in search of his residence. In Fox v. State, __Ga.__ (__SE2d__) (2000) (S99G0561) the Supreme Court reversed our decision. Accordingly, the decision of this Court is vacated, and the decision of the Supreme Court is made the decision of this Court. The judgment is reversed.

Judgment reversed. Eldridge, J., and McMurray, Senior Appellate Judge, concur.

Trial Judge: C. Michael Roach, Cherokee Superior Court.,

Attorneys: John A. Nuckolls, Atlanta, for appellant. Garry T. Moss, District Attorney, and Cecelia Harris, Assistant District Attorney, Canton, for appellee.,