Nelson v. Georgia
Annotate this CaseThe Georgia Supreme Court granted Corey Nelson's application for interlocutory appeal of a trial court's denial of his motion to suppress evidence. At issue was evidence extracted from his cell phone and other electronic devices pursuant to search warrants. Nelson argued that the delay of more than two years between the date on which the electronic devices were seized pursuant to a search warrant for his residence, and the dates on which the devices were examined pursuant to subsequent search warrants for their contents, violated his Fourth Amendment rights. The Supreme Court found the evidence challenged here was extracted days after warrants issued in 2020. The only challenge Nelson offered to this evidence was the long delay between the 2017 seizure of the devices and the 2020 issuance of the warrants. The Court found his possessory interest in the devices was greatly diminished by the combination of his incarceration for the entire period of the delay and his failure to request the devices’ return. Thus, the Court concluded the trial court did not err in denying the motion to suppress.
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