{"id":50193,"date":"2021-11-06T11:22:06","date_gmt":"2021-11-06T16:22:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50193"},"modified":"2021-11-06T17:03:49","modified_gmt":"2021-11-06T22:03:49","slug":"ga-probationer-was-unreasonably-detained-as-suspect-in-a-crime-where-he-didnt-match","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50193","title":{"rendered":"GA: Probationer was unreasonably detained as suspect in a crime where he didn&#8217;t match"},"content":{"rendered":"\n<p>The state failed in its burden of proof that defendant was lawfully stopped and then detained as a possible suspect in a crime even though he was a probationer. His clothing didn\u2019t match. It was prolonged way past its justification. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=d52a4050-a043-4d55-b78b-18598b8fde12\">Gayton v. State<\/a>, 2021 Ga. App. LEXIS 550 (Nov. 3, 2021).<\/p>\n\n\n\n<p>The stop of the car defendant was in was with probable cause and it was searched under the automobile exception. He neither owned the car nor was driving it, so he had no standing. \u201cAlternatively, the search of the Silver Civic was legal because Abreu consented to it.\u201d United States v. Fontanez, 2021 U.S. Dist. LEXIS 212432 (D.N.J. Nov. 3, 2021).*<\/p>\n\n\n\n<p>The affidavit for the warrant showed probable cause on the totality. Moreover, the good faith exception applies. Finally, defendant doesn\u2019t get a Franks hearing. United States v. Hargis, 2021 U.S. Dist. LEXIS 212222 (E.D.Ky. Oct. 15, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state failed in its burden of proof that defendant was lawfully stopped and then detained as a possible suspect in a crime even though he was a probationer. His clothing didn\u2019t match. It was prolonged way past its justification. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50193\">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":[36,20,58,35],"tags":[],"class_list":["post-50193","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-probable-cause","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50193","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=50193"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50193\/revisions"}],"predecessor-version":[{"id":50212,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50193\/revisions\/50212"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50193"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50193"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50193"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}