{"id":53976,"date":"2023-01-05T09:17:14","date_gmt":"2023-01-05T14:17:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53976"},"modified":"2023-01-06T13:18:09","modified_gmt":"2023-01-06T18:18:09","slug":"ga-generalizations-and-experience-do-not-support-no-knock-warrant","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=53976","title":{"rendered":"GA: Generalizations and experience do not support no-knock warrant"},"content":{"rendered":"\n

The no-knock provision in this search warrant was not based on a showing of necessity based on this case. It was based on experience and generalities. [In addition, defendant was supposedly standing in the front yard, so what about the useless gesture rationale? If someone else was inside, then it would not apply.] The good faith exception and Michigan v. Hudson go unmentioned. Hughes v. State<\/a>, 2023 Ga. App. LEXIS 2 (Jan. 4, 2023). Update: Daily Report: Appellate Ruling Is Good News for Defense Trial Lawyers Looking to Exempt Evidence<\/a> (“‘A no-knock provision is permissible only when based on a neutral evaluation of each case’s particular facts and circumstances, not on blanket provisions based on generalized experience,’ the Georgia Court of Appeals ruled.”)<\/p>\n\n\n\n

Officers prevail in \u00a7 1983 case because their entry was objectively justified by the emergency aid exception. Toman v. Crabtree, 2023 U.S. App. LEXIS 94 (9th Cir. Jan. 4, 2023).*<\/p>\n\n\n\n

Probable cause does not require certainty. The fact the license plate was taped elsewhere still gave a basis for the stop. United States v. Delpriore, 2023 U.S. Dist. LEXIS 732 (D. Alaska Jan. 4, 2023).*<\/p>\n\n\n\n

Inquiring into the contents of a bag in the car was for officer safety and thus related to the stop. United States v. Smith, 2023 U.S. Dist. LEXIS 730 (E.D. Va. Jan. 3, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The no-knock provision in this search warrant was not based on a showing of necessity based on this case. It was based on experience and generalities. [In addition, defendant was supposedly standing in the front yard, so what about the … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,20,63],"tags":[],"class_list":["post-53976","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-probable-cause","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53976","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=53976"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53976\/revisions"}],"predecessor-version":[{"id":53985,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53976\/revisions\/53985"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53976"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53976"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53976"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}