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The Court affirms the rights in your home

SEARCH OF HOME WITHOUT AFFIRMATIVE, VOLUNTARY CONSENT OF HOMEOWNER; ACQUIESCENCE TO AUTHORITY

Little v. State, A19A1758 (February 10, 2020)

Holding: Voluntary consent to enter a home is not present when the Defendant made no effort to engage in discussion with law enforcement officers after they requested permission to enter the home; the defendant continued to back up into the home and turn his back on the officers.

Facts: Travis Little was tried and convicted of several controlled substance offenses. On appeal, he argued that the trial court erred in denying his motion to suppress because law enforcement did not have a warrant to enter his home. The Court of Appeals found that Mr. Little did not affirmatively or voluntarily allow officers to enter his home, rather he backed up onto the home and turned his back to the officers. The Court found that Little’s actions showed an acquiescence to authority rather than voluntary consent. The trial court’s order denying Mr. Little’s motion to suppress was reversed as were Mr. Little’s Mr. Little’ convictions.Little’ convictions. voluntarily allow officers to enter his home, rather he backed up onto the home and turned his back to the officers. The Court found that Little’s actions showed an acquiescence to authority rather than voluntary consent. The trial court’s order denying Mr. Little’s motion to suppress was reversed as were Mr. Little’ convictions.

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