{"id":2218,"date":"2008-12-24T06:07:01","date_gmt":"2008-07-04T11:02:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-04T11:02:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2218","title":{"rendered":"GA:  No standing in a motel room defendant was merely present in in the past when he left evidence of a murder"},"content":{"rendered":"<p>Murder defendant was arrested for a murder and a search of a motel room produced evidence against him. He was not the registered guest in the room, and there was no showing connecting him to the room other than mere presence at some time, not that he was a guest of the registered guest. So, he lacked standing. Evidence of the murder was found in the room. [In any event, there appeared to have been consent.]  <a href=\"http:\/\/www.lexisone.com\/lx1\/caselaw\/freecaselaw?searchType=citation&amp;fclSearch=2008+Ga.+LEXIS+542&amp;action=FCLSearchCaseByCitation&amp;pageLimit=10&amp;format=CITE&amp;pageNumber=1&amp;sourceID=&amp;citation=2008+Ga.+LEXIS+542&amp;searchTerm=\">Smith v. State<\/a>, 284 Ga. 17, 663 S.E.2d 142 (2008).<\/p>\n<p>Defendant was on probation and he was staying at a house with two others, sleeping on the couch. Police responded to a &#8220;concerned citizen&#8217;s&#8221; call about drug activity. One of the people at the house let the police in, and defendant was recognized from a prior arrest and being on probation for drugs. The officers searched the room of another and found drugs. They searched a closet and found a safe which everybody disavowed. The safe was opened and the contents were linked to defendant. His probation search waiver was binding on him, and the search of the common area closet was valid. <a href=\"http:\/\/www.lexisone.com\/lx1\/caselaw\/freecaselaw?searchType=citation&amp;fclSearch=2008+Ga.+App.+LEXIS+777+&amp;action=FCLSearchCaseByCitation&amp;pageLimit=10&amp;format=CITE&amp;pageNumber=1&amp;sourceID=&amp;citation=2008+Ga.+App.+LEXIS+777+&amp;searchTerm=\">Anderson v. State<\/a>, 292 Ga. App. 826, 666 S.E.2d 70 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2218\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2218","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2218","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=2218"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2218\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2218"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2218"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}