GA: Even if knock-and-talk was valid, expanding entry onto the curtilage wasn’t

The knock-and-talk here was reasonable in its inception, but the officer violated the curtilage by inspecting a car parked there. The state’s argument that reasonable suspicion permitted approaching the car was not raised below so it’s waived. “Furthermore, even if the State had made this argument below, it abandoned this contention on appeal by failing to support it with legal argument and citation to relevant binding authority.” State v. Jennings, 2022 Ga. App. LEXIS 62 (Feb. 8, 2022).

The stop was justified by the state as based on a wanted flyer, but, when challenged, show nothing. Without it, the stop was unjustified. Johnson v. State, 2022 Ga. App. LEXIS 63 (Feb. 8, 2022).

The plaintiff was arrested on a warrant. Shortly after that was a show up, and the alleged victim said “[T]hat’s not her.” Plaintiff’s release didn’t happen for 20 hours. There was still probable cause for the detention on the warrant, and qualified immunity applies. Washington v. Durand, 2022 U.S. App. LEXIS 3420 (11th Cir. Feb. 7, 2022).

This entry was posted in Arrest or entry on arrest, Curtilage, Knock and talk, Qualified immunity, Reasonable suspicion. Bookmark the permalink.

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