{"id":4017,"date":"2011-01-08T10:27:59","date_gmt":"2010-04-02T05:09:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-02T05:09:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4017","title":{"rendered":"MA: Statement of gun’s location under Quarles<\/em> created exigent circumstances"},"content":{"rendered":"

Defendant told the police there was a gun in the bedroom closet, and this was within the Quarles<\/a> public safety exception to Miranda. That also permitted the police to go to closet and retrieve the gun before somebody else could lay hands on it, so the search of the closet was with exigent circumstances. Commonwealth v. Loadholt<\/a>, 456 Mass. 411, 923 N.E.2d 1037 (2010). [Quarles is literally self-fulfilling exigent circumstances.]<\/p>\n

Trial court\u2019s finding of consent was supported by the record that defendant consented right after his documents were given back to him during a traffic stop. Davis v. State<\/a>, 306 Ga. App. 185 (March 31, 2010).*<\/p>\n

Grant of a suppression motion that was not appealed by the state was collateral estoppel to a probation revocation. [Apparently Georgia does not recognize that the exclusionary rule does not apply in probation revocation proceedings.] Thackston v. State<\/a>, 303 Ga. App. 718, 694 S.E.2d 136 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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