{"id":45947,"date":"2020-10-28T10:56:42","date_gmt":"2020-10-28T15:56:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45947"},"modified":"2020-10-28T11:08:29","modified_gmt":"2020-10-28T16:08:29","slug":"ga-entry-into-defs-house-for-pulling-a-gun-on-somebody-elsewhere-wasnt-in-hot-pursuit-and-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=45947","title":{"rendered":"GA: Entry into def&#8217;s house for pulling a gun on somebody elsewhere wasn&#8217;t in hot pursuit and suppressed"},"content":{"rendered":"\n<p>Officers entered defendant\u2019s home for allegedly pulling a gun on his girlfriend at another house. They weren\u2019t in hot pursuit, and the entry was unreasonable and is suppressed. The state&#8217;s inevitable discovery argument that a search warrant would have been obtained after smelling marijuana on the entry is rejected. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=88359462-0ee1-4d74-9e8c-442ab1f12ada\">Edwards v. State<\/a>, 2020 Ga. App. LEXIS 622 (Oct. 27, 2020).<\/p>\n\n\n\n<p>Defendant was stopped for various traffic offenses which there was a basis for. His car was lawfully impounded under the department\u2019s SOPs when it would have been left at gas pumps. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/pub\/files\/201712379.pdf\">United States v. Wilson<\/a>, 2020 U.S. App. LEXIS 33748 (11th Cir. Oct. 27, 2020).*<\/p>\n\n\n\n<p>The district court granted defendant\u2019s motion to suppress, but the government did not advance below the argument in makes on appeal. It had two opportunities, and didn\u2019t raise it then. Affirmed. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2020\/10\/27\/19-10389.pdf\">United States v. Maffei<\/a>, 2020 U.S. App. LEXIS 33777 (9th Cir. Oct. 27, 2020).*<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers entered defendant\u2019s home for allegedly pulling a gun on his girlfriend at another house. They weren\u2019t in hot pursuit, and the entry was unreasonable and is suppressed. The state&#8217;s inevitable discovery argument that a search warrant would have been &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=45947\">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":[103,39,111,129],"tags":[],"class_list":["post-45947","post","type-post","status-publish","format-standard","hentry","category-hot-pursuit","category-inventory","category-suppression-hearings","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45947","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=45947"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45947\/revisions"}],"predecessor-version":[{"id":45949,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45947\/revisions\/45949"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45947"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45947"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45947"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}