{"id":3031,"date":"2009-07-12T13:49:58","date_gmt":"2009-03-30T07:31:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-03-30T07:31:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3031","title":{"rendered":"GA: Police could photograph area where they were admitted by consent even though consent to search was denied"},"content":{"rendered":"

Defendants’ consent came after the basis for the stop had been completed but they were not permitted to leave. Trial court’s grant of motion to suppress affirmed. State v. Felton<\/a>, 297 Ga. App. 35, 676 S.E.2d 434 (2009).*<\/p>\n

Police entered by consent but consent to search was denied. They could photograph what they could see during that entry. Lord v. State<\/a>, 297 Ga. App. 88, 676 S.E.2d 404 (2009).*<\/p>\n

Search incident of the couch defendant was found lying on when he was arrested was permissible. Gray v. State<\/a>, 296 Ga. App. 878, 676 S.E.2d 36 (2009).*<\/p>\n

Officer had reasonable suspicion to continue to detain defendant because of the odor of alcohol. People v. Baldwin<\/a>, 388 Ill. App. 3d 1028, 328 Ill. Dec. 683, 904 N.E.2d 1193 (2009)*:<\/p>\n

Thus, police conduct occurring during an otherwise lawful seizure does not render the seizure unlawful unless it either unreasonably prolongs the duration of the detention or independently triggers the fourth amendment. Harris, 228 Ill. 2d 222, 886 N.E.2d 947. If the conduct violates either principle, the conduct must possess a separate fourth amendment justification to avoid rendering the seizure unlawful. See Muehler, 544 U.S. 93, 161 L. Ed. 2d 299, 125 S. Ct. 1465; People v. Starnes, 374 Ill. App. 3d 329, 871 N.E.2d 815 (2007).<\/p>\n

In this case, there is no question that Pilat’s questions with regard to the odor of alcohol, requests for consent to search, and calling for a drug dog did not independently trigger the fourth amendment. See Caballes, 543 U.S. 405, 160 L. Ed. 2d 842, 125 S. Ct. 834; Muehler, 544 U.S. 93, 161 L. Ed. 2d 299, 125 S. Ct. 1465. The question presented to us focuses on the duration principle: whether Pilat’s actions unreasonably prolonged the duration of the detention, thereby rendering the seizure unlawful.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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