GA: Testimony of searching officer gave defendant standing to contest search

Testimony of the officer gave defendant standing to contest the search of the house, and that was sufficient for appellate review. [Regrettably, the defense argument of state waiver was countered with “the trial court implicitly addressed the issue of standing by addressing the merits of Rogers’s motion” which makes absolutely no sense if the state didn’t object to standing; it’s not the trial court’s job to raise standing.] State v. Rogers, 319 Ga. App. 834, 738 S.E.2d 667 (2013).

Stop for LPN violation led to furtive movement by defendant under seat. That gave the officer cause to search under the seat for a weapon or drugs. State v. Morlock, 2013 Ohio 641, 2013 Ohio App. LEXIS 571 (3d Dist. February 25, 2013).*

Defendant’s stop for riding a bicycle at night without a headlight was valid. He consented to a search of his person which found nothing. He refused to consent to a search of the bag on the handlebars, and he stuffed something further in when asked. A flashlight revealed marijuana which was validly seized. Bolen v. State, 320 Ga. App. 3, 739 S.E.2d 11 (2013).*