{"id":10438,"date":"2014-02-22T15:36:53","date_gmt":"2014-02-23T00:26:45","guid":{"rendered":""},"modified":"2014-06-24T07:13:44","modified_gmt":"2014-06-24T12:13:44","slug":"en-us-87","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10438","title":{"rendered":"M.D.Ga.: Affidavit SW for grow operation was thin, but saved by good faith exception"},"content":{"rendered":"<p>The affidavit for the search warrant in this case was thin [my word] and it showed that defendant was on the periphery of somebody else\u2019s grow operation \u201cwithin the last four years.\u201d The officer could smell raw marijuana in the defendant\u2019s wife\u2019s car, and defendant consented to a search to recover it. Marijuana was found in his sock and some more. In the car was gardening materials and implements that defendant said belonged to his wife for the family flower garden, and they could as easily been for her growing flowers at home and not a marijuana grow operation. Nevertheless, as thin as it is, it isn\u2019t completely absent and the good faith exception saves it. In executing the search warrant, the police did find a grow operation with 90 plants. <a href=\"https:\/\/ecf.gamd.uscourts.gov\/cgi-bin\/show_public_doc?2013-00013-33-4-cr\">United States v. Whitehurst<\/a>, 2014 U.S. Dist. LEXIS 21718 (M.D. Ga. February 21, 2014).<\/p>\n<p>A condition of supervised release that defendant submit to searches for drugs was reasonably related to his drug history. United States v. Henry, 555 Fed. Appx. 626 (7th Cir. 2014) (no merit brief).*<\/p>\n<p>Defendant was stopped for not using a turn signal soon enough, and then he validly consented to a search of his car. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2014\/2014-ohio-589.pdf\">State v. Downs<\/a>, 2014-Ohio-589, 2014 Ohio App. LEXIS 568 (5th Dist. February 11, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10438\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-10438","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10438","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10438"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10438\/revisions"}],"predecessor-version":[{"id":12180,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10438\/revisions\/12180"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10438"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10438"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10438"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}