{"id":61237,"date":"2025-06-10T08:09:58","date_gmt":"2025-06-10T13:09:58","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61237"},"modified":"2025-06-10T08:09:58","modified_gmt":"2025-06-10T13:09:58","slug":"ga-sw-affidavit-came-in-at-trial-argument-waived","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=61237","title":{"rendered":"GA: SW affidavit came in at trial; argument waived"},"content":{"rendered":"\n<p>Defendant\u2019s argument about admission of a search warrant affidavit at trial was deemed abandoned even for plain error review. Coston v. State, 2025 Ga. LEXIS 123 (June 10, 2025).* (Caution readers: I had this issue just this year: The prosecution offered a search warrant affidavit into evidence to rebut something, and it was coming in over my objection that it was full of hearsay and violated confrontation. I ended up abandoning that inquiry rather than go down that road. That\u2019s going to be an issue on appeal.)<\/p>\n\n\n\n<p>\u201cHobson did not make a preliminary showing that Garcia&#8217;s affidavit contained deliberate or reckless falsehoods. And even if he did, the affidavit would support probable cause with the challenged portions excised. Therefore, he is not entitled to a Franks hearing.\u201d United States v. Hobson, 2025 U.S. Dist. LEXIS 106846 (N.D. Tex. June 5, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s probation home visit resulted in a plain view of a gun and plain smell of marijuana. That was reasonable suspicion for a full search. United States v. Akins, 2025 U.S. Dist. LEXIS 106616 (N.D. Ga. June 5, 2025).*<\/p>\n\n\n\n<p>Search warrant for a car authorized search of a purse found inside. United States v. Cummings, 2025 U.S. App. LEXIS 13777 (9th Cir. June 5, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s argument about admission of a search warrant affidavit at trial was deemed abandoned even for plain error review. Coston v. State, 2025 Ga. LEXIS 123 (June 10, 2025).* (Caution readers: I had this issue just this year: The prosecution &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=61237\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[124,21,58,59],"tags":[],"class_list":["post-61237","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-franks-doctrine","category-probationparole-search","category-scope-of-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61237","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=61237"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61237\/revisions"}],"predecessor-version":[{"id":61238,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61237\/revisions\/61238"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61237"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61237"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}