Quintrell v. State

McMurray, Presiding Judge,

concurring specially.

I fully concur in Division 2 and in the judgment of affirmance. I also concur in the Fourth Amendment analysis of Division 1, holding that the woods at issue were not a “private place.” I write separately to emphasize there is no basis in state law for suppressing the videotape of defendant. Except for certain designated felonies, “nothing in this part [Chapter 11, Article 3, Part 1, OCGA §§ 16-11-60 through 16-11-69,] shall apply to a duly constituted law enforcement officer in the performance of his official duties in ferreting out offenders or suspected offenders of the law or in secretly watching a person suspected of violating the laws of the United States or of this [S]tate, or any subdivision thereof, for the purpose of apprehending such suspected violator.” OCGA § 16-11-64 (a). As the majority correctly notes, misdemeanor hunting over bait is not one of those felonies designated by OCGA § 16-11-64 (b) for an investigation warrant.