{"id":55037,"date":"2023-06-02T15:11:38","date_gmt":"2023-06-02T20:11:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55037"},"modified":"2023-06-02T15:11:38","modified_gmt":"2023-06-02T20:11:38","slug":"ga-2022-sw-for-cell-phone-illegally-searched-in-2020-had-no-independent-basis-no-gfe","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55037","title":{"rendered":"GA: 2022 SW for cell phone illegally searched in 2020 had no independent basis; no GFE"},"content":{"rendered":"\n

The trial court did not err by granting the motion to suppress evidence seized as a result of the search of his cell phone because the State’s original warrantless search in 2020 was improper and the State did not remedy the initial improper search by obtaining a search warrant in 2022 and downloading the same digital data from the phone a second time. Nothing was shown for an independent basis to use the 2022 warrant to justify the earlier search and the good faith exception to the warrant requirement did not apply, as the 2022 warrant was obtained solely as an attempt to overcome the constitutional violation that occurred in 2020. State v. Thurston<\/a>, 2023 Ga. App. LEXIS 230 (May 30, 2023).<\/p>\n\n\n\n

The consenter\u2019s demeanor and responses shown on bodycam support the government that consent was voluntary. United States v. Quailes, 2023 U.S. Dist. LEXIS 93013 (M.D. Pa. May 26, 2023).*<\/p>\n\n\n\n

The fact of quasi-legalization of marijuana and hemp doesn\u2019t make their smell not reasonable suspicion. Moore v. State, 2023 Ind. App. LEXIS 159 (May 26, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The trial court did not err by granting the motion to suppress evidence seized as a result of the search of his cell phone because the State’s original warrantless search in 2020 was improper and the State did not remedy … 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":[5,11,60,35,28],"tags":[],"class_list":["post-55037","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-good-faith-exception","category-independent-source","category-reasonable-suspicion","category-voluntariness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55037","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=55037"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55037\/revisions"}],"predecessor-version":[{"id":55038,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55037\/revisions\/55038"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55037"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55037"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55037"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}