{"id":5280,"date":"2011-06-26T09:41:20","date_gmt":"2011-03-14T00:16:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-12T14:42:15","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5280","title":{"rendered":"GA: Defendant’s knowledge police were tipped off to defendant’s possession of child porn was exigency to seize computer"},"content":{"rendered":"

Police were called to a domestic dispute, and one partner revealed that their fight was about the other viewing child pornography. Defendant was asked about the child porn, and he asked what was considered child porn. The police were justified in seizing the computer pending getting a search warrant for it because defendant knew they were looking for child porn. Hesrick v. State<\/a>, 308 Ga. App. 363, 707 S.E.2d 574 (2011):<\/p>\n

Viewing the evidence presented from the perspective of the officers at the time they were confronted with this rapidly developing situation, we find no error with the trial court\u2019s conclusion that the warrantless seizure of the computers was authorized by exigent circumstances, specifically, the objectively reasonable concern that the seizure was necessary to prevent Hesrick\u2019s imminent destruction of the computer images of child pornography, images that were vulnerable to quick destruction, irreplaceable, and essential to proving that a crime had been committed. Accordingly, the trial court did not err in denying Hesrick\u2019s motion to suppress.<\/p><\/blockquote>\n

Police stopped defendant who matched the description of a suspected robber. The officer could see a gun in the hoody\u2019s pocket, and that justified retrieving the gun because that was a violation of the law itself. After that defendant gave up drugs. \u201cUnder our construction of the statute, the elements of the offense are satisfied when the State proves at trial that a person possessed a pistol in a public place.\u201d State v. Williams<\/a>, 794 N.W.2d 867 (Minn. 2011).*<\/p>\n

Defendant\u2019s furtive movements justified a protective frisk of his person. The officer felt cylindrical objects in his shirt pocket which he knew were drugs containers. This was a valid search [and the court never says \u201cplain feel\u201d<\/a>]. Commonwealth v. Simmons<\/a>, 2011 PA Super 43, 17 A.3d 399 (2011). <\/p>\n","protected":false},"excerpt":{"rendered":"

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