{"id":39698,"date":"2019-09-14T11:37:04","date_gmt":"2019-09-14T16:37:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39698"},"modified":"2019-09-14T11:37:04","modified_gmt":"2019-09-14T16:37:04","slug":"ga-police-were-reasonable-in-stopping-def-because-he-looked-like-the-guy-wanted-in-an-arrest-warrant-although-it-turned-out-he-wasnt-the-guy","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39698","title":{"rendered":"GA: Police were reasonable in stopping def because he looked like the guy wanted in an arrest warrant although it turned out he wasn&#8217;t the guy"},"content":{"rendered":"<p>Officers could approach defendant to talk to him because he generally fit the description and location of a person named in an arrest warrant. It turned out that he wasn\u2019t the guy, but it doesn\u2019t make it unreasonable to stop him. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=5ba5a38c-83a0-42a7-b569-edf1df71ee7c\">Miller v. State<\/a>, 2019 Ga. App. LEXIS 497 (Sept. 9, 2019).<\/p>\n<p>Police had an arrest warrant for a person also living at defendant\u2019s address, and they entered on the arrest warrant and did a protective sweep. A sawed-off shotgun was found during the sweep, and it\u2019s admissible and won\u2019t be suppressed. United States v. Ford, 2019 U.S. Dist. LEXIS 107424 (N.D. Ind. June 27, 2019), on reconsideration, 2019 U.S. Dist. LEXIS 154555 (N.D. Ind. Sept. 11, 2019) (the parties\u2019 mistake in their stipulation as to where gun actually was doesn\u2019t change the outcome; it was still within plain view).<\/p>\n<p>The affidavit for the search warrant shows plenty of probable cause. The alleged misstatements aren\u2019t material at all. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/182967p.pdf\">United States v. Aviles<\/a>, 2019 U.S. App. LEXIS 27517 (3d Cir. Sept. 12, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers could approach defendant to talk to him because he generally fit the description and location of a person named in an arrest warrant. It turned out that he wasn\u2019t the guy, but it doesn\u2019t make it unreasonable to stop &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39698\">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":[50,21,22],"tags":[],"class_list":["post-39698","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-franks-doctrine","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39698","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=39698"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39698\/revisions"}],"predecessor-version":[{"id":39699,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39698\/revisions\/39699"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39698"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39698"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39698"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}