{"id":4959,"date":"2010-12-03T09:11:42","date_gmt":"2010-12-03T08:54:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-03T08:54:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4959","title":{"rendered":"N.D.Ga.: &#8220;opinion and experience combined with circumstantial evidence has been found to provide probable cause&#8221;"},"content":{"rendered":"<p>The search warrant here was for evidence that defendant was unlawfully seeking refugee status in the U.S. but was a combatant in the Bosnian war. \u201c[A]n agent\u2019s opinion and experience combined with circumstantial evidence has been found to provide probable cause to search a residence. See <a href=\"http:\/\/scholar.google.com\/scholar_case?case=325937943301622916&amp;q=901+F.2d+1075&amp;hl=en&amp;as_sdt=80002\">United States v. Jenkins<\/a>, 901 F.2d 1075, 1081 (11th Cir. 1990) &#8230; [\u00b6] Additionally, several similar search warrants issued in investigations of Bosnian ex-military immigrants show that courts have found a spectrum of direct and opinion evidence sufficient to establish probable cause.\u201d United States v. Zekic, 2010 U.S. Dist. LEXIS 126619 (N.D. Ga. October 28, 2010).*<\/p>\n<p>The affidavit for the two search warrants showed probable cause for the place to be searched, and, even if it didn\u2019t, the good faith exception would apply. United States v. Washington, 2010 U.S. Dist. LEXIS 126574 (E.D. Mich. December 1, 2010).*<\/p>\n<p>While defendant was handcuffed and in custody, which alone is not enough under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=15857342701216948043&amp;q=united+states+v.+watson&amp;hl=en&amp;as_sdt=80002\">Watson<\/a> to show a lack of voluntariness, he was otherwise cooperative and consented. United States v. Solorzano, 2010 U.S. Dist. LEXIS 126663 (E.D. La. December 1, 2010).*<\/p>\n<p>For probable cause in a child pornography search warrant, the officers do not have to show that defendant actually downloaded it or that the people in the images were actually under 18. The affidavit could have better recited that the officer knew child porn when he saw it based on his experience, but this was not fatal to the warrant. United States v. Lyon, 2010 U.S. Dist. LEXIS 126753 (E.D. Tenn. November 15, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4959\">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-4959","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4959","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=4959"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4959\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4959"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4959"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4959"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}