GA: Defendant’s probation search waiver was explained on the record at his guilty plea

Defendant contended that he did not waive his Fourth Amendment rights when he was pleading guilty and getting probation. The record showed, however, that the condition was explained to him at the time of the plea. Morrow v. State, 311 Ga. App. 323, 715 S.E.2d 744 (2011).* (Really, all that is required is that it be in the conditions of probation that he signs or has explained to him, and neither the Fourth Amendment nor due process require it be “on the record” of the plea.)

A school official received a report that defendant juvenile smelled of alcohol. When he found her, she had a backpack which she tried to hide. The school official asked about the backpack and then searched it, finding alcohol. The search of the backpack was justified under the school search doctrine. State v. E.K.P., 255 P.3d 870 (Wash. App. 2011).*

Police had a search warrant for defendant’s blood, and his arguments on appeal were that reasonable means were not employed for drawing the blood by a certified medical technologist because she failed to ask his medical history first and because the paperwork could have been more complete. This was not enough to suppress the blood results. Pacheco v. State, 347 S.W.3d 849 (Tex. App.—Ft. Worth 2011).*

The officer did not continue the stop too long. He approached the passenger and asked “if he had anything on his person that the officer should know about. In response to that single question, Simons immediately revealed that he had a pipe in his underwear.” It went downhill from there. State v. Simons, 2011 UT App 251, 687 Utah Adv. Rep. 69, 262 P.3d 53 (2011).*

Defendant consented to the officers coming into his office where they saw marijuana on his desk. He volunteered he had more in the drawer and a cooler under the desk and consented to that too. United States v. Bowser, 2011 U.S. Dist. LEXIS 83699 (W.D. Mich. July 29, 2011), R&R 2011 U.S. Dist. LEXIS 83703 (W.D. Mich. June 22, 2011).*