GA: Absent owner of car called by police consented against driver

Defendant was driving somebody else’s car and was stopped by the police. The police called the owner to get consent to search, and that was binding on the defendant. Also, he wasn’t there at the time. Gomillion v. State, 2016 Ga. LEXIS 166 (Feb. 22, 2016).*

There was probable cause and nexus to defendant’s residence in a child pornography warrant. “Defendant argues that the warrant did not establish why it was believed that Defendant, as opposed to one of the other two residents at the Jacobs Street address, who allegedly accessed the child porn website. However, the Sixth Circuit has explained that a warrant affidavit must be ‘judged on the adequacy of what it does contain, not on what it lacks, or on what a critic might say should have been added.’ United States v. Allen, 211 F.3d 970, 975 (6th Cir. 2000) (en banc). [¶] Here, based on the totality of the circumstances, the magistrate judge had a substantial basis for determining the existence of probable cause.” United States v. Stamper, 2016 U.S. Dist. LEXIS 20298 (S.D.Ohio Feb. 19, 2016).*

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