{"id":11720,"date":"2014-05-26T02:00:27","date_gmt":"2014-05-26T07:00:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11720"},"modified":"2014-05-26T07:17:32","modified_gmt":"2014-05-26T12:17:32","slug":"ga-officers-entry-into-backyard-and-look-in-window-violated-curtilage-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11720","title":{"rendered":"GA: Officers&#8217; entry into backyard and look in window violated curtilage; suppressed"},"content":{"rendered":"<p>The officer\u2019s entry into the backyard curtilage allowed an unauthorized view into a window, and that view couldn\u2019t be used to justify exigency. There were photographs in evidence of what was the front door and back door, and there was no exigency justification for violation of the curtilage. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=bbab6718-247f-4717-8845-0b3f0e9ca8b7\">Arp v. State<\/a>, 2014 Ga. App. LEXIS 333 (May 21, 2014).<\/p>\n<p>If defendant was living with his mother, the entry to arrest on an arrest warrant for murder was valid. If he wasn\u2019t living there, he didn\u2019t have standing. When the officers arrived, they saw defendant outside at the rear of the property in open fields. <a href=\"http:\/\/www.gasupreme.us\/sc-op\/pdf\/s14a0168.pdf\">Geiger v. State<\/a>, 2014 Ga. LEXIS 398 (May 19, 2014).<\/p>\n<p>No matter what the cause was for the defendant\u2019s stop, he made a lane violation when the police car\u2019s emergency lights came on, and that would justify the stop, too. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=a0b6d0a5-7746-4b7e-9ee4-77415e34d7b4\">State v. LeJeune<\/a>, 2014 Ga. App. LEXIS 329 (May 20, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer\u2019s entry into the backyard curtilage allowed an unauthorized view into a window, and that view couldn\u2019t be used to justify exigency. There were photographs in evidence of what was the front door and back door, and there was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=11720\">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":[50,19,35,34],"tags":[],"class_list":["post-11720","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-curtilage","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11720","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11720"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11720\/revisions"}],"predecessor-version":[{"id":11734,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11720\/revisions\/11734"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11720"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11720"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11720"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}