{"id":34826,"date":"2018-09-20T07:11:14","date_gmt":"2018-09-20T12:11:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34826"},"modified":"2018-09-20T07:11:14","modified_gmt":"2018-09-20T12:11:14","slug":"ga-an-issue-briefed-but-not-heard-at-the-suppression-hearing-was-fairly-presented-and-preserved","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34826","title":{"rendered":"GA: An issue briefed but not heard at the suppression hearing was fairly presented and preserved"},"content":{"rendered":"<p>A newer issue raised in a post-hearing brief on the motion to suppress was a part of the motion when it was decided by the trial court. A padlock on a door and a fan running inside does not support the conclusion that there was a grow operation inside. The odor of marijuana in the air wasn\u2019t enough. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=a0521214-bbe7-4c37-948c-fcf66cddc7af\">Wingate v. State<\/a>, 2018 Ga. App. LEXIS 515 (Sep. 19, 2018).*<\/p>\n<p>Any motion to suppress would have been fruitless, so there was no ineffective assistance of counsel, for lack of standing and because the protective sweep for a shotgun was justified. Lee v. United States, 2018 U.S. Dist. LEXIS 159910 (D. N.J. Sep. 19, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A newer issue raised in a post-hearing brief on the motion to suppress was a part of the motion when it was decided by the trial court. A padlock on a door and a fan running inside does not support &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=34826\">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":[104,23],"tags":[],"class_list":["post-34826","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34826","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=34826"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34826\/revisions"}],"predecessor-version":[{"id":34827,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34826\/revisions\/34827"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34826"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34826"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34826"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}