{"id":3014,"date":"2011-01-11T17:39:05","date_gmt":"2009-03-20T04:11:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-03-20T04:11:17","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=3014","title":{"rendered":"GA: Person whose property was to be searched by third party consent was entitled to know it before search starts"},"content":{"rendered":"

Defendant’s live-in girlfriend complained to the police about him and his drugs, and she signed a consent to search their shared property. When the police arrived at the house, they arrested defendant on an outstanding traffic warrant and searched the house without her present and without telling him what they were doing. This made the search unreasonable under Randolph<\/a>. Preston v. State<\/a>, 296 Ga. App. 655, 675 S.E.2d 553 (Ga. App. 2009):<\/p>\n

Nevertheless, Randolph<\/a> provides guidance in applying Fourth Amendment requirements to the facts of this case. The Court held that the “constant element in assessing Fourth Amendment reasonableness in the consent cases … is the great significance given to widely shared social expectations.” Thus, a basis for the Randolph<\/a> decision was the Court’s determination that a “co-tenant wishing to open the door to a third party has no recognized authority in law or social practice to prevail over a present and objecting co-tenant.” We believe that similar reasoning applies to the circumstances of the search of Preston’s residence. We know of no widely shared social expectations that support third parties entering a residence without first explaining to the occupant who has opened the door that an absent co-occupant has given them permission to do so.<\/p><\/blockquote>\n

Officers had reasonable suspicion that the vehicle stopped had recently crossed the border into Idaho. The vehicle was briefly inspected at the border, but the border agent had a “visceral feeling” about the vehicle after looking in the trunk. The word was put out to look for the vehicle, and it was seen shortly thereafter with two extra people in it. The vehicle was stopped, and the odor of marijuana was strong. The stop was justified as an extended border or immigration stop. State v. Bordeaux<\/a>, 148 Idaho 1, 217 P.3d 1 (2009).<\/p>\n

A backpack found at the scene of a search could be searched. State v. Ha<\/a>, 2009 Ohio 1134, 2009 Ohio App. LEXIS 967 (9th Dist. March 16, 2009).*<\/p>\n

Off the record statement to state court judge to support the PC objectively did not add to the PC already there. Good faith exception would save it anyway. United States v. Pettiford, 2009 U.S. Dist. LEXIS 20833 (M.D. N.C. March 15, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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