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State v. Jackson

Trial court should have addressed whether the defendant had standing to challenge the seizure of evidence before granting his motion to suppress.

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The State appeals from the trial court’s order granting Michael Jackson’s motion to suppress evidence. Because the trial court’s order is based on an incorrect statement of the law, we reverse and remand.

The trial court erred when it held that Robinson v. State, 226 Ga. App. 406 486 SE2d 667 1997, stood for the proposition that standing was not addressed until after it is determined whether the investigatory stop was proper. In Robinson, this Court first concluded that the Terry stop of the automobile was proper because it was based on articulable suspicion. As the owner and driver of the car, Robinson clearly had standing to object to the Terry stop. The court then addressed the next issue, whether the pat-down and search of the jacket that the passenger was wearing were proper. We concluded that Robinson had no standing to object to the search of the passenger. Id. at 409. The stop of the car and the search of the passenger were two separate issues before the court.

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