{"id":27831,"date":"2017-06-28T07:17:38","date_gmt":"2017-06-28T12:17:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=27831"},"modified":"2017-06-28T08:10:51","modified_gmt":"2017-06-28T13:10:51","slug":"ga-std-of-review-if-video-clear-it-controls-on-its-facts","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=27831","title":{"rendered":"GA: Std of review: If video clear, it controls on its facts and gets de novo review"},"content":{"rendered":"<p>Defendant was stopped for driving a motorcycle without a helmet, and alcohol was on his breath. The objective facts from the video show the FST and breath test were consensual. \u201cAnd, where, as here, the controlling facts are undisputed because they are plainly discernable from the patrol car-mounted video recording, those facts are reviewed de novo.\u201d <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=996b3d92-4594-4400-8023-de7696178c4e\">State v. Nicholson<\/a>, 2017 Ga. App. LEXIS 322 (June 27, 2017).<\/p>\n<p>There was reasonable suspicion for a stop of defendant\u2019s vehicle leaving a house under air and ground surveillance. United States v. Miranda, 2017 U.S. Dist. LEXIS 97466 (M.D. Fla. May 18, 2017),* adopted, 2017 U.S. Dist. LEXIS 97407 (M.D. Fla. June 22, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped for driving a motorcycle without a helmet, and alcohol was on his breath. The objective facts from the video show the FST and breath test were consensual. \u201cAnd, where, as here, the controlling facts are undisputed because &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=27831\">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":[66,24,96],"tags":[],"class_list":["post-27831","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-consent","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27831","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=27831"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27831\/revisions"}],"predecessor-version":[{"id":27837,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27831\/revisions\/27837"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27831"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27831"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27831"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}