GA: Sound of shuffling of feet after announcement of raid justified entry in 3 seconds; no weapons found

Officers entered within about three seconds after announcing and hearing shuffling of feet. Defendant was sitting on the couch, and there were no firearms. The test is whether there is a reasonable possible fear of firearms in the house that could be used, not their actual presence. The entry was not unreasonable. Moreover, the court mentions the home had its own security system that announced their presence. Underwood v. State, 2023 Ga. App. LEXIS 41 (Jan. 27, 2023). [Before Next, Ring, and a half dozen other doorbell camera systems, it was always nefarious in the search warrant affidavit for the target to have a security system, and that alone justified a no-knock. Does this still go on? Certainly.]

Officers passing by defendant in his car at 5-10 miles an hour could see his seatbelt wasn’t fastened and that objectively supported a stop. “Here, however, there was no reasonable basis for the officers to wonder if their eyes were playing tricks on them. Unlike the examples above, there is no basis on which it can be credibly argued that the officers’ observations were ‘frustrated by fleetingness, distractions, obstructions, or deceptive angles, glares, or shadows,’ … The assembled circumstances instead enabled an accurate observation.” United States v. Rowson, 2023 U.S. Dist. LEXIS 13832 (S.D.N.Y. Jan. 26, 2023).*

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