Johnson v. State, A08A0473, 2008 Ga. App. LEXIS 857 (July 16, 2008)
A frightened clerk at the Motel 8 called the police to complain that she thought there was "drug activity" in Room 215. Police arrive and interview two people in the parking lot who say that they have come to purchase marijuana. Police claim that the smell burnt marijuana outside Room 215. The clerk decides to evict and requests help in entering the room because she is frightened. The police go in with her and find marijuana in plain view and more drugs in the coat pockets of occupants. The majority voted to reverse the conviction to the extent that drugs found in clothing was illegally found but held that it was legal to go into the motel room with the clerk. You would think that it would be the other way around. A dissent written by Judge Ruffin and joined by Phillips and Adams would have reversed the entire case on the illegal entry into the room. The dissent accuses the majority of ignoring Supreme Court precedent.
