{"id":22365,"date":"2016-05-28T15:34:02","date_gmt":"2016-05-28T20:34:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22365"},"modified":"2016-05-28T15:34:02","modified_gmt":"2016-05-28T20:34:02","slug":"ga-forfeiture-answer-pleading-illegal-search-and-seizure-has-to-plead-facts","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22365","title":{"rendered":"GA: Forfeiture answer pleading illegal search and seizure has to plead facts"},"content":{"rendered":"<p>\u201cLoveless also complains that the trial court erred by striking his Answer when he had raised therein a sufficient defense, namely that the search and seizure occurred in violation of the Fourth Amendment. However, the Answer did not include those factual disclosures that the statute required. &#8230; In the absence of a legally sufficient answer, the trial court was without authority to consider the suppression issue.\u201d <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=b59d4928-589b-4471-9ace-c3704feb5432\">Loveless v. State<\/a>, 2016 Ga. App. LEXIS 306 (May 27, 2016).<\/p>\n<p>\u201c[W]e find no error in the trial court&#8217;s finding that Officer Beretta had \u2018extensive experience and expertise in performing speed estimations\u2019 and we do not believe the estimate of 35 or 40 miles per hour in a 25 mile-per-hour zone was in \u2018slight excess of the legal speed limit\u2019 so as to foreclose a finding of reasonable suspicion based on the visual estimate.\u201d <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/H041847.PDF\">People v. Nice<\/a>, 2016 Cal. App. LEXIS 428 (6th Dist. May 26, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cLoveless also complains that the trial court erred by striking his Answer when he had raised therein a sufficient defense, namely that the search and seizure occurred in violation of the Fourth Amendment. However, the Answer did not include those &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22365\">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":[66,72,35],"tags":[],"class_list":["post-22365","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-forfeiture","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22365","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=22365"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22365\/revisions"}],"predecessor-version":[{"id":22366,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22365\/revisions\/22366"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22365"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22365"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22365"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}