Defendant’s garage was part of the home. She parked there and entered the house through its door. Therefore, the officer’s entry there violated the curtilage. Even if the officer had probable cause defendant was had been driving recklessly, he lacked exigent circumstances to enter the apartment when the defendant answered the door. He stepped in only two feet, but that’s still an entry. Corey v. State, 2013 Ga. App. LEXIS 185 (March 13, 2013).
Defendant’s reliance on United States v. Smith, 263 F.3d 571 (6th Cir. 2001), to have standing to challenge the search of the rental car he was driving, defendant had no standing here because he had no DL and his relation to the renter was tenuous and not a family relationship. United States v. Akinola, 2013 U.S. Dist. LEXIS 35952 (D. N.J. March 15, 2013).
Defendant’s consent is voluntary. While he speaks Spanish, the recording of his interview shows he understands English. United States v. Monarrez-Mendoza, 2013 U.S. Dist. LEXIS 35584 (N.D. Tex. March 6, 2013).*
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