{"id":20987,"date":"2016-02-26T08:05:18","date_gmt":"2016-02-26T13:05:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20987"},"modified":"2016-02-26T08:05:18","modified_gmt":"2016-02-26T13:05:18","slug":"ga-absent-owner-of-car-called-by-police-consented-against-driver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=20987","title":{"rendered":"GA: Absent owner of car called by police consented against driver"},"content":{"rendered":"

Defendant was driving somebody else\u2019s car and was stopped by the police. The police called the owner to get consent to search, and that was binding on the defendant. Also, he wasn\u2019t there at the time. Gomillion v. State<\/a>, 2016 Ga. LEXIS 166 (Feb. 22, 2016).*<\/p>\n

There was probable cause and nexus to defendant\u2019s residence in a child pornography warrant. \u201cDefendant argues that the warrant did not establish why it was believed that Defendant, as opposed to one of the other two residents at the Jacobs Street address, who allegedly accessed the child porn website. However, the Sixth Circuit has explained that a warrant affidavit must be \u2018judged on the adequacy of what it does contain, not on what it lacks, or on what a critic might say should have been added.\u2019 United States v. Allen, 211 F.3d 970, 975 (6th Cir. 2000) (en banc). [\u00b6] Here, based on the totality of the circumstances, the magistrate judge had a substantial basis for determining the existence of probable cause.\u201d United States v. Stamper, 2016 U.S. Dist. LEXIS 20298 (S.D.Ohio Feb. 19, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was driving somebody else\u2019s car and was stopped by the police. The police called the owner to get consent to search, and that was binding on the defendant. Also, he wasn\u2019t there at the time. Gomillion v. State, 2016 … 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":[24,38,20],"tags":[],"class_list":["post-20987","post","type-post","status-publish","format-standard","hentry","category-consent","category-nexus","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20987","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=20987"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20987\/revisions"}],"predecessor-version":[{"id":20988,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20987\/revisions\/20988"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20987"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20987"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20987"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}