GA: Contraband in plain view on def’s property didn’t justify warrantless entry to seize it

Officers’ entry onto abandoned property next door to defendant’s place to get a better view of his place was reasonable. He had no reasonable expectation of privacy there or in the view from there. However, they saw contraband in plain view, and there were no exigent circumstances for entry into his land. Plain view alone is not enough. Lewis v. State, 2021 Ga. App. LEXIS 85 (Feb. 22, 2021).

The collection of facts in the affidavit for this search warrant on the totality showed probable cause, and it was not stale. “The fact that these incidents individually may be susceptible to an innocent explanation does not undermine the state court’s probable cause determination.” “Further, the affidavit establishes a sufficient nexus between the crack cocaine officers recovered during the traffic stops and 527 Allen.” United States v. Dodds, 2021 U.S. Dist. LEXIS 33060 (N.D. Ohio Feb. 23, 2021).*

This entry was posted in Emergency / exigency, Plain view, feel, smell, Probable cause. Bookmark the permalink.

Comments are closed.