{"id":4421,"date":"2011-01-11T15:36:19","date_gmt":"2010-07-12T07:50:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-12T07:50:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4421","title":{"rendered":"GA: Housing authority director could not consent to apartment entry by police"},"content":{"rendered":"

Housing authority director could not consent to a police entry for “health and safety” reasons, even if the lease permitted it. Bowden v. State<\/a>, 2010 Ga. App. LEXIS 667 (July 8, 2010):<\/p>\n

The state nonetheless contends that the director’s consent was authorized by the terms of the tenant’s lease, which allegedly provided that the director could enter the premises in the event of a threat to the health and safety of the residents or the property. First, we note that a copy of the lease was not tendered into evidence in the trial court and is not contained in the appellate record, so the state has failed to meet its burden on this front. See OCGA \u00a7 17-5-30(b); Welchel v. State, 255 Ga. App. 556, 558 (565 SE2d 870) (2002) (the state bears the “heavy burden” of proving circumstances that justify a warrantless entry into a home). But regardless, we reject the state’s argument that the limited right of entry allegedly contained in the lease amounted to a waiver of any expectation of privacy as to all entries into the leased premises. See Arnold, 237 Ga. App. at 859 (1). The record is devoid of any evidence that the fugitive was a dangerous individual, or that the officer’s failure to immediately locate and arrest the fugitive posed a threat to the health and safety of the residents or the property. See Looney, 293 Ga. App. at 641. And contrary to the state’s argument, it is irrelevant whether the officer believed in good faith that the director possessed the power to consent to the search. See Oliver, 183 Ga. App. at 93 (“[T]he fact that the officers believed in good faith that [a landlord] had authority to consent to their search [does not] make their search and seizure without a warrant lawful.”). See also Looney, 293 Ga. App. at 642.<\/p><\/blockquote>\n

Oral motion to suppress ineffective in Georgia under OCGA \u00a7 17-5-30<\/a>. Nelson v. State<\/a>, 305 Ga. App. 65, 699 S.E.2d 66 (2010).<\/p>\n

Officers noticed that defendant appeared to the guy wanted in an arrest warrant for domestic violence. They ran the license plate of this motorcycle, and it came up belonging to another vehicle, a crime. The plain view doctrine supported the seizure of the license plate and the towing of the vehicle, and a lawful inventory led to a gun. United States v. Sanchez<\/a>, 612 F.3d 1 (1st Cir. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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