Supreme Court of Georgia
State v. Rosenbaum
March 11, 2019826 S.E.2d 18
Summary
The court affirmed suppression of evidence obtained from the defendants' electronic devices because the State waited 539 to 702 days to obtain warrants after lawfully seizing the devices, and the delay was unreasonable under the totality of the circumstances. The court adopted a fact-intensive balancing framework considering the possessory interest, duration of delay, consent, and governmental interest, and held that the record supported the trial court's findings of inadequate diligence. The court also held that the State properly appealed under the statutory provision governing suppression of illegally obtained evidence and declined to apply a good-faith exception on these facts.