Georgia v. RosenbaumAnnotate this Case
In one of first impression for the Georgia Supreme Court, the issue this case presented centered on the effect of the State’s delay in obtaining search warrants for data contained in electronic devices when those devices were originally seized in a warrantless, but lawful, manner by police. The trial court suppressed the evidence derived from the devices, relying on persuasive authority from the United States Court of Appeals for the Eleventh Circuit to find that the delay between the seizure of the devices and the issuance of the search warrants for the data contained in them was unreasonable and thus violated appellees’ rights under the Fourth Amendment and Georgia law. The State appealed that decision. The Georgia Supreme Court concluded the analysis developed by the Eleventh Circuit was appropriate, the trial court’s findings of fact were supported by the record, and the trial court did not err in granting the motion to suppress.