{"id":3939,"date":"2010-12-29T07:42:02","date_gmt":"2010-03-11T08:51:27","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-11T08:57:27","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3939","title":{"rendered":"GA: State failed to prove SW at suppression hearing; hearsay alone about its alleged existence no good"},"content":{"rendered":"

State failed to prove existence of a search warrant for this search. The officer testified that he heard there was one, but that sole evidence, which was hearsay, was insufficient to prove the existence of a search warrant. Sosebee v. State<\/a>, 303 Ga. App. 499, 693 S.E.2d 838 (2010).<\/p>\n

This juvenile was moving around in the backseat during a traffic stop, and the officer asked her for the contents of her pockets and then she consented to a search of her cigarette pack. The removal of the cigarette pack was with reasonable suspicion and the search was by consent. In re A. T.<\/a>, 302 Ga. App. 713, 691 S.E.2d 642 (2010).*<\/p>\n

911 caller about a shooting gave information that was from personal observation and she described a person fleeing, and the defendant was stopped because he matched the description. The stop was with reasonable suspicion. Commonwealth v. Depina<\/a>, 456 Mass. 238, 922 N.E.2d 778 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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