State v. Cohen

Summary

Justice Nahmias, in a concurring opinion, addresses whether modern "reasonable expectation of privacy" Fourth Amendment jurisprudence should be applied to interpret the pre‑2015 language of OCGA §16‑11‑62(2) defining a "private place," and concurs with the majority that the unlawful surveillance charges should stand on the general demurrer. The justice expresses doubts about using post‑Katz standards for a statute enacted in 1967 but agrees with the result.