{"id":47455,"date":"2021-02-25T02:18:11","date_gmt":"2021-02-25T07:18:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47455"},"modified":"2021-02-25T02:18:11","modified_gmt":"2021-02-25T07:18:11","slug":"ga-contraband-in-plain-view-on-defs-property-didnt-justify-warrantless-entry-to-seize-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=47455","title":{"rendered":"GA: Contraband in plain view on def&#8217;s property didn&#8217;t justify warrantless entry to seize it"},"content":{"rendered":"\n<p>Officers\u2019 entry onto abandoned property next door to defendant\u2019s place to get a better view of his place was reasonable. He had no reasonable expectation of privacy there or in the view from there. However, they saw contraband in plain view, and there were no exigent circumstances for entry into his land. Plain view alone is not enough. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=c55ce27d-0228-419c-8457-ab1ffa6e36b2\">Lewis v. State<\/a>, 2021 Ga. App. LEXIS 85 (Feb. 22, 2021).<\/p>\n\n\n\n<p>The collection of facts in the affidavit for this search warrant on the totality showed probable cause, and it was not stale. \u201cThe fact that these incidents individually may be susceptible to an innocent explanation does not undermine the state court&#8217;s probable cause determination.\u201d \u201cFurther, the affidavit establishes a sufficient nexus between the crack cocaine officers recovered during the traffic stops and 527 Allen.\u201d United States v. Dodds, 2021 U.S. Dist. LEXIS 33060 (N.D. Ohio Feb. 23, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers\u2019 entry onto abandoned property next door to defendant\u2019s place to get a better view of his place was reasonable. He had no reasonable expectation of privacy there or in the view from there. However, they saw contraband in plain &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=47455\">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":[3,51,20],"tags":[],"class_list":["post-47455","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-plain-view","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47455","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=47455"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47455\/revisions"}],"predecessor-version":[{"id":47456,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47455\/revisions\/47456"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47455"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47455"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47455"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}